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MOU - Ice Box Expansion Proj No. 123-036 – American Arena, LLC SB Youth Hockey, Inc.
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MOU - Ice Box Expansion Proj No. 123-036 – American Arena, LLC SB Youth Hockey, Inc.
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8/22/2023 2:23:18 PM
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Board of Public Works
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Contracts
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8/22/2023
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120320-ALL <br /> <br />Rev. 10/2020 7 <br /> <br />Vendor agrees to cooperate with Sourcewell in auditing transactions under this Contract to <br />ensure that the administrative fee is paid on all items purchased under this Contract. <br /> <br />In the event the Vendor is delinquent in any undisputed administrative fees, Sourcewell <br />reserves the right to cancel this Contract and reject any proposal submitted by the Vendor in <br />any subsequent solicitation. In the event this Contract is cancelled by either party prior to the <br />Contract’s expiration date, the administrative fee payment will be due no more than 30 days <br />from the cancellation date. <br /> <br />9. AUTHORIZED REPRESENTATIVE <br /> <br />Sourcewell's Authorized Representative is its Chief Procurement Officer. <br /> <br />Vendor’s Authorized Representative is the person named in the Vendor’s Proposal. If Vendor’s <br />Authorized Representative changes at any time during this Contract, Vendor must promptly <br />notify Sourcewell in writing. <br /> <br />10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE <br /> <br />A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, <br />documents, and accounting procedures and practices relevant this Agreement are subject to <br />examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the <br />end of this Contract. This clause extends to Participating Entities as it relates to business <br />conducted by that Participating Entity under this Contract. <br /> <br />B. ASSIGNMENT. Neither the Vendor nor Sourcewell may assign or transfer any rights or <br />obligations under this Contract without the prior consent of the parties and a fully executed <br />assignment agreement. Such consent will not be unreasonably withheld. <br /> <br />C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective <br />until it has been fully executed by the parties. <br /> <br />D. WAIVER. If either party fails to enforce any provision of this Contract, that failure does not <br />waive the provision or the right to enforce it. <br /> <br />E. CONTRACT COMPLETE. This Contract contains all negotiations and agreements between <br />Sourcewell and Vendor. No other understanding regarding this Contract, whether written or <br />oral, may be used to bind either party. For any conflict between the attached Proposal and the <br />terms set out in Articles 1-22, the terms of Articles 1-22 will govern. <br /> <br />F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent <br />contractors, each free to exercise judgment and discretion with regard to the conduct of their <br /> <br />
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