d. Sheriff-homeland security grant for mobile data computer upgrade

The Grant Award may be cancelled or terminated by mutual consent, by default, or by conditions beyond the control of either party. The party desiring to terminate or cancel must give written notice of its intention fifteen (15) days prior to the date of cancellation setting forth the reasons and conditions of said termination. In case of termination (partial or complete), payments to the Subgrantee or recovery of funds by the Department of Emergency Services shall be in accordance with the legal rights and liabilities of both parties. The Department of Emergency Services may also terminate, without penalty, the Grant Award if funding from federal, state, or other sources is not obtained and continued at levels sufficient to allow for funding of the grant, this determination to be made in the sole discretion of the Department of Emergency Services. The Grant Award may modified by agreement of the parties in writing to accommodate a reduction in funds. The Grant Award may also be terminated by the Department of Emergency Services, in its sole discretion, if federal or state laws or rules are modified or interpreted in such a way that the grant or the services or items to be obtained as a result of the grant are no longer eligible for the funding that has been proposed for this grant, or if any license, permit, or certificate required by law, rule or the terms of this contact to be possessed or obtained by the Subgrantee is for any reason denied, revoked, or not renewed. In the event, all finished or unfinished documents, data, and reports prepared by the Subgrantee shall, at the option of the Department of Emergency Services, become the property of the Department of Emergency Services and the Subgrantee shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other material. 11. Special Conditions: The Subgrantee shall meet all other applicable special conditions as specified in the Grant Award. 12. Applicable Law: The Grant Award shall be governed by and construed in accordance with the laws of the United States to the extent that they apply and otherwise by the laws of the State of North Dakota. Any dispute resulting in an action to enforce this contract must be brought in the District Court of Burleigh County, North Dakota. 13. Severabilitv: If any term of the Grant Award is declared to be illegal or unenforceable by a court having jurisdiction, the validity of the remaining terms shall not be affected. 14. AssiQnments: Subgrantee may not assign or otherwise transfer or delegate any right or duty without the Department of Emergency Services's express written consent. Subgrantee may subcontract grant funds under the terms of the grant and applicable laws, as specified in paragraph V and after receiving written consent from the Department of Emergency Services. 15. Notices: All notices or other communication required under the Grant Award shall be given by United States mail and are complete on the date received when addressed to the parties at the addresses contained on the Notice of Grant Award. 16. Open Records Law: Subgrantee understands that, except for the duties contained in Paragraph VIII, the Department of Emergency Services must disclose to the public upon request any records it receives from the Subgrantee. Subgrantee further understands that any records it generates or obtains under this contract, except as specified in Paragraph VIII, may, under certain circumstances, be open to the public upon request under the North Dakota open records law. 2 Last Updated 02-25-2008