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CFMS Contract No. <br />T-Number <br />to the extent that funds are available. The State will not be assessed any penalty if the master contract or <br />work order is terminated because of the decision of the Minnesota legislature or other funding source, not to <br />appropriate funds. The State must provide the Local Government notice of the lack of funding within a <br />reasonable time of the State's receiving that notice. <br />21 Data Disclosure <br />Under Minn. Slat. § 270.66, and other applicable law, the Local Government consents to disclosure of its federal <br />employer tax identification number, and/or Minnesota tax identification number, already provided to the State, to <br />federal and state tax agencies and state personnel involved in the payment of state obligations. These <br />identificarion numbers may be used in the enforcement of federal and state tax laws which could result in action <br />requiring the Local Government to file state tax returns and pay delinquent state tax liabilities, if any. <br />22 Defense of Claims and Lawsuits <br />If any lawsuit or claim is filed by a third party (including but not limited to the Local Government's contractors <br />and subcontractors), arising out of trunk highway work performed pursuant to a valid work order issued under this <br />Master Contract, the Local Government will, at the discretion of and upon the request of the State, tender the <br />defense of such claims to the State or allow the State to participate in the defense of such claims . The Local <br />Government will, however, be solely responsible for defending any lawsuit or claim, or any portion thereof, <br />when the claim or cause of action asserted is based on its own acts or omissions in performing or supervising the <br />work. The Local Government will not purport to represent the State in any litigation, settlement, or alternative <br />dispute resolution process. The State will not be responsible for any judgment entered against the Local <br />Government, and will not be bound by the terms of any settlement entered into by the Local Government except <br />with the written approval of the Attorney General and the Commissioner of Transportation and pursuant to <br />applicable law. <br />23 Additional Provisions <br />23.1 Foreign Outsourcing. )f the Local Government lets a contract for professionaUtechnical.or~other services <br />pursuant to any work order, the Local Government will require proposing vendors bidders to disclose where <br />work will be performed, and will use the extent to which services will be performed in the United States as a <br />factor in determining the "best value" in awarding any such contract. It is the State's. policy that state funds <br />spent on contracts re: in in the United States to the maximum extent possible. <br />[the balance of this page has intentionally been left blank] <br />10/3/2007 <br />