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D. Recipient shall return to DPS any instrunent which is obsolete, <br />inoperable, Balfuactioning or no longer in use. Such instruaents to be <br />delivered or shippci to the Bureau of Criminal Apprehension Laboratory, postage <br />and handling charges prepaid. <br />E. Recipient shall not permit the instruments to be tampered with or <br />operated by individuals who are not trained in their operation. <br />F. Recipient shall designate at least one person to be trained by the <br />DPS in the proper handling and use of these instruments. Recipient shall bear <br />the cost of any travel expenses incurred by any person attending such training. <br />G. The people trained by DPS in the proper use and handling of these <br />instruments shall train other officers in their departments in how to properly <br />use and handle these instruments. <br />H. Recipient shall make these instruments available to personnel <br />authorized by DPS when required for Inventory or Inspection purposes. <br />III. Tern of tgraenent. <br />This Agreement shall take effect on the date of final approval by the <br />Comnlssioner of Finance and remain in effect until terminated by either of the <br />parties as provided in section IV. <br />IV. Temination. <br />This Agreement may be terminated by either DPS or Recipient at any time <br />with or without cause, upon ten (10) days written notice to the other party. <br />In the event of such termination. Recipient shall return all instruaents that <br />it has received pursuant to this agreement to the Bureau of Criminal <br />Apprehension Uboratory within thirty (30) days after the termination of this <br />Agreement. If Recipient fails to return the instruments within this time <br />period. Recipient agrees to pay the cost of replacement of the instruments. <br />V. laalyTMBant- <br />Recipient shall neither assign nor transfer any rights or obligations <br />under this Agreement without the prior written consent of DPS. <br />VI. Liability. <br />Recipient agrees to indemnify and save and hold the State of Minnesota, <br />its agents, and its employees harmless from any and all claims arising from the <br />use of these instruments or fk*om the performance of this Agreement by Recipient <br />or Recipient's agents or employees. <br />VII. Walationghip of Parties. <br />Neither Recipient nor Recipient's agents or employees are to be <br />considered to be agents of DPS or to be engaged in any Joint venture or <br />enterprise with DPS, and nothing herein shall be construed to create such a <br />relationship.