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Grant Form 101 (Revised 9/2025)
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<br />9. DATA, SYSTEMS, AND INTELLECTUAL PROPERTY
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<br />A. GRANTEE, its officers, agents, owners, partners, employees, volunteers and
<br />subcontractors shall, to the extent applicable, abide by the provisions of the
<br />Minnesota Government Data Practices Act, Minnesota Statutes, chapter 13
<br />(MGDPA) and all other applicable law, rules, regulations and orders relating to
<br />data or the privacy, confidentiality or security of data. For clarification and not
<br />limitation, COUNTY hereby notifies GRANTEE that the requirements of
<br />Minnesota Statutes section 13.05, subd. 11, apply to this Agreement. GRANTEE
<br />shall promptly notify COUNTY if GRANTEE becomes aware of any potential
<br />claims, or facts giving rise to such claims, under the MGDPA or other data, data
<br />security, privacy or confidentiality laws, and shall also comply with the other
<br />requirements of this Section.
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<br /> Classification of data, including trade secret data, will be determined pursuant to
<br />applicable law and, accordingly, merely labeling data as “trade secret” by
<br />GRANTEE does not necessarily make the data protected as such under any
<br />applicable law.
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<br />B. In addition to the foregoing MGDPA and other applicable law obligations,
<br />GRANTEE shall comply with the following duties and obligations regarding
<br />County Data and County Systems (as each term is defined herein). As used
<br />herein, “County Data” means any data or information, and any copies thereof,
<br />created by GRANTEE or acquired by GRANTEE from or through COUNTY
<br />pursuant to this Agreement, including but not limited to handwriting, typewriting,
<br />printing, photocopying, photographing, facsimile transmitting, and every other
<br />means of recording any form of communication or representation, including
<br />electronic media, email, letters, works, pictures, drawings, sounds, videos, or
<br />symbols, or combinations thereof.
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<br /> If GRANTEE has access to or possession/control of County Data, GRANTEE
<br />shall safeguard and protect the County Data in accordance with generally
<br />accepted industry standards, all laws, and all then applicable COUNTY policies,
<br />procedures, rules and directions. To the extent of any inconsistency between
<br />accepted industry standards and such COUNTY policies, procedures, rules and
<br />directions, GRANTEE shall notify COUNTY of the inconsistency and follow
<br />COUNTY direction. GRANTEE shall immediately notify COUNTY of any
<br />known or suspected security breach or unauthorized access to County Data, then
<br />comply with all responsive directions provided by COUNTY. The foregoing
<br />shall not be construed as eliminating, limiting or otherwise modifying
<br />GRANTEE’s indemnification obligations herein.
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<br />C. INTENTIONALLY OMITTED.
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