STATE OF MINNESOTA DISTRICT COURT

COUNTY OF RAMSEY SECOND JUDICIAL DISTRICT

STATE OF MINNESOTA, by its Attorney General, Mike Hatch, Plaintiff, vs. MINNESOTA PUBLIC RADIO, Defendant.		Case Type: Other Civil File No. C5-99-11388 ASSURANCE AND SETTLEMENT AGREEMENT

This Assurance and Settlement Agreement is entered into under Minn. Stat. § 309.57, subd. 2 (1998), between the State of Minnesota, through its Attorney General, Mike Hatch, and Minnesota Public Radio ("MPR").

          WHEREAS, Mike Hatch is the Attorney General of Minnesota and is authorized under Minnesota Statutes chapter 309 and common law to enforce Minnesota's charitable solicitation laws;

          WHEREAS, MPR is a Minnesota non-profit organization with its principal place of business at 45 East Seventh Street, St. Paul, Minnesota, and provides radio programming and related services to listeners in Minnesota and its border communities;

          WHEREAS, on December 29, 1999, the State commenced the above-entitled lawsuit against MPR alleging that MPR violated Minn. Stat. § 309.55 by not fully and accurately disclosing its member information practices, which allegations MPR denied;

          WHEREAS, the Attorney General and MPR agree that, consistent with the substantial public interest in the privacy of member information, it is very important to provide accurate disclosures to MPR members and prospective members regarding the possible sharing of member information with other organizations;

          WHEREAS, MPR is committed to providing accurate disclosures to its members and prospective members; and

          WHEREAS, the parties desire to settle the lawsuit;

          NOW, THEREFORE, the parties do hereby agree as follows:

          1. This Assurance and Settlement Agreement is not an admission by MPR of any allegation contained in the Complaint or Amended Complaint or of a violation of any law for any purpose.

          2. This Assurance and Settlement Agreement constitutes a full and final resolution between the State and MPR of all claims that were or could have been brought by the Attorney General for the alleged conduct described in the Complaint and Amended Complaint, up to and including the date of the signing of this Assurance and Settlement Agreement on behalf of the Attorney General, as long as MPR is in compliance with the terms of this Assurance and Settlement Agreement.

          3. When MPR discloses its charitable solicitation practices to members and the public, MPR shall, consistent with its commitment to provide accurate disclosure to its members and prospective members, clearly and conspicuously describe the fact that it exchanges member information with other organizations, the types of member information it exchanges, the frequency of exchange, MPR's purpose for the exchanges, MPR's understanding of how the organizations may use the information from MPR, and how an MPR member may choose not to have his or her member information shared with another organization.

4          . The disclosures referred to in paragraph 3 above, shall be made by MPR in its membership application and renewal application, membership solicitation materials and posted at MPR's web site.

          5. Based on MPR's current practice and policy regarding the sharing of member information with other organizations, the following language satisfies the disclosure provisions of paragraph 3 above:

To assist in building membership, MPR regularly exchanges names and addresses of its members with other organizations, who may solicit or make other contact with you by mail. If you do not want such information shared, please check the box and return this form, or call MPR at 800-228-7123.

Or for MPR Web site: To assist in building membership, MPR regularly exchanges names and addresses of its members with other organizations, who may solicit or make other contact with you by mail. If you do not want your information shared, please mark the box, or call MPR at 800-228-7123.

          6. Nothing in this Assurance and Settlement Agreement shall restrict MPR's right to publish names of contributors in an annual or other periodic report pursuant to Minn. Stat. § 309.55, subd. 1.

7. Upon execution of this Assurance and Settlement Agreement, this lawsuit shall be dismissed with prejudice in accordance with applicable rules of court and without fees or costs to either side.

Dated: ____________________, 2000	MIKE HATCH Attorney General State of Minnesota
	Alan I. Gilbert (#34678) Chief Deputy and Solicitor General Stephen F. Simon (#27012X) 1200 NCL Tower 445 Minnesota Street St. Paul, MN 55101-2130 (651) 296-7519 Attorneys for State of Minnesota

Dated: ____________________, 2000	FAEGRE & BENSON LLP
	Eric E. Jorstad (#216987) J. Hazen Graves (#158781) Robert L. Schnell (#97329) 2200 Norwest Center 90 South Seventh Street Minneapolis, MN 55402-3901 (612) 336-3000 Attorneys for Minnesota Public Radio

APPROVED BY THE COURT:

Dated:

Honorable