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I <br />I <br />I <br />! <br />I <br />I <br />I <br /> <br /> I <br />! <br />I <br />! <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />Mn/DOT Agreement No. 79780-P <br /> <br />Section C. Final PaYment by the City <br /> <br />After the City has provided the State with the documents in accordance with Section B. of this Article, the State <br />will determine the City's final construction engineering cost share for the Construction covered under this <br />Agreement. If the City's final construction engineering cost share exceeds the amount of funds advanced by the <br />City, the City must, upon receipt of a request from the State, promptly pay the difference to the State without <br />interest. If the City's final construction engineering cost share is less than the amount of funds advanced by the <br />City, the State must promptly return the balance to the City without interest. <br /> <br />ARTICLE IV - GENERAL PROVISIONS <br /> <br />Section A. Right-of-Way, Easements, and Permits <br /> <br />The City must, without cost or expense to the State, obtain all rights-of-way, easements, construction permits, <br />and any other permits and sanctions that may be r~tuired in connection with the Construction. <br /> <br />Section B. Examination of Books, Records, and Accountin~ Procedures <br />As provided by Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting <br />procedures and practices of the State and the City relevant to this Agreement are subject to examination by the <br />Minnesota Department of Transportation Auditor, the City Auditor, the Legislative Auditor, and the State of <br />Minnesota Auditor, as appropriate, for a minimum of six years from final payment. <br /> <br />Section C. Liability <br />Each party to this Agreement will be responsible for its own acts and omissions, the acts and omissions of its <br />employees, and the results thereof to the extent authorized by law, and will not be responsible for the acts and <br />omissions of the other party or its employees and the results thereof. The State=s liability will be governed by <br />the provisions of Minnesota Statutes Section 3.736. The City's liability will be governed by the provisions of the <br />Municipal Tort Claims Act, Minnesota Statutes Chapter 466. <br /> <br />Section D. Extent of Agreement <br />This entire Agreement between the State and the City is contained herein. This Agreement supersedes all oral <br />agreements and negotiations between the State dnd the City relating to the subject matter hereof. All items <br />refen'ed to in this Agreement are made a part hereof by reference with the same force and effect as though fully <br />set forth herein. <br /> <br />Page 4 of 6 <br /> <br /> <br />