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City Council Packet 09-02-2025
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City Council Packet 09-02-2025
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11.2. Minnesota Data Practices Law Compliance. The Parties shall comply with the <br />Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13, as it applies to all data <br />provided, created, collected, received, stored, used, maintained, or disseminated under this <br />Agreement. <br />11.3. Merger. This Agreement is the final expression of the agreement of the Parties and <br />the complete and exclusive statement of the terms agreed upon and shall supersede all prior <br />negotiations, understandings, or agreements. <br />11.4. Severability. If any part of this Agreement is rendered void, invalid, or <br />unenforceable, such rendering shall not affect the validity and enforceability of the remainder of <br />this Agreement unless the part or parts that are void, invalid or otherwise unenforceable shall <br />substantially impair the value of the entire Agreement with respect to any Party. <br />11.5. Survivability. The provisions of Article 5, Sections 5.4 — 5.6 ("Damage to Traffic <br />Safety Vehicle," "Publicity," and "Reporting"), Article 7 ("Indemnification"), and Article 11, <br />Section 2 ("Minnesota Data Practices Law Compliance") shall survive the expiration or <br />termination of this Agreement. <br />11.6. Force Majeure Clause. No Party shall be liable to any other Party for any loss or <br />damage resulting from a delay or failure to perform due to unforeseeable acts or events outside the <br />defaulting Parry's reasonable control, providing the defaulting Parry gives notice to the other <br />Parties as soon as possible. Acts and events may include acts of God or nature, including but not <br />limited to acts of terrorism, war, fires, floods, epidemics, acts of civil or military authority, and <br />natural disasters. <br />11.7. Electronic signatures, Counterparts. This Agreement may be executed in <br />counterparts, including both counterparts that are executed on paper and counterparts that are in <br />the form of electronic records and are executed electronically (including, without limitation, <br />DocuSign® and AdobeSign®). All executed counterparts shall constitute one agreement, and each <br />counterpart shall be deemed an original. <br />IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the <br />date(s) indicated below. <br />[signature pages follow] <br />236613v2 <br />Page 72 of 104 <br />
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