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turbed areas of Mn/DOT right-of-way so as to perpetuate satis- <br />factory'drainage, erosion control and aesthetics. <br /> <br />Any use of Mn/DOT right-of-way permitted'by this Agreement shall <br />remain subordinate to the right of Mn/DOT to use the property for <br />highway and transportation Purposes. This Agreement does not grant <br />any interest whatsoever in land, nor does it establish a permanent <br />park, recreation erea or wildlife or waterfowl refuge facility that <br />would become subject to Section 4(f) of the Federal-Aid Highway Act <br />of 1968. <br /> <br />Section C. Ex~_mlnation oR Books, Records, Etc. <br />As provided by Minnesota. Statute Section 16B.06, subdivision 4 <br />(1996), the books, records, documents, and a~counting procedures <br />and practices of Mn/DOT and the City relevant to this Agreement are <br />subject to examination by Fin/DOT and the City, and either the leg- <br />islative auditor or the State auditor as appropriate. <br /> <br />Section D. Cancellation of Aqreezaent <br /> <br />F~/DOT may cancel and terminate this Agreement for any cause or <br />reason, including Mn/DOT's desire to use any portion of Fin/DOT <br />right-of-way subject Co this Agreement for transportation purposes, <br />by giving the City written notice at least 90 days prior .to the <br />date which such termination shall become effective. Upon cancella- <br />tion of this Agreement, the City will be required to restore and <br />return the 'area to a. condition satisfactory' to Mn/DOT's District <br />Engineer at <br /> <br />Section E. Claims <br /> <br />Ail employees of the City and all other persons employed by the <br />City or volunteering in the ~..~erformance of landscape materials ac- <br />quisition, installation and/or maintenance covered ~nder this <br />Agreement shall not be considered employees of Mn/DOT. All claims <br />that arise under the Worker's Compensation Act of the State of Min- <br />nesota on behalf of the employees or volunteers while so engaged <br />and all claims made by any third parties as a consequence of any <br />act or omission on the part of the employees or volunteers while so <br /> <br />engaged on landscape materials acquisition, installation and/or' <br /> <br /> ]7 - <br /> <br /> <br />