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Mn/DOT Contract No: 98526 <br />11. Termination <br />11.1 By Mutual Agreement. This Agreement may be terminated by mutual agreement of the parties or by the State <br />for insufficient funding as described below <br />11.2 Termination for Insufficient Funding. The State may immediately terminate this Agreement if it does not <br />obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a <br />level sufficient to allow for the payment of the services covered here. Termination must be by written or fax <br />notice to the City. The State is not obligated to pay for any services that are provided after notice and effective <br />date of termination. However, the City will be entitled to payment, determined on a pro rata basis, for services <br />satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if this <br />Agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to <br />appropriate funds. <br />12. Force Majeure <br />Neither party will be responsible to the other for a failure to perform under this Agreement (or a delay in <br />performance), if such failure or delay is due to a force majeure event. A force majeure event is an event beyond a <br />party's reasonable control, including but not limited to, unusually severe weather, fire, floods, other acts of God, labor <br />disputes, acts of war or terrorism, or public health emergencies. <br />[The remainder of this page has been intentionally left blank] <br />-4- <br />Detour A~eement without Local Maintenance (Municipal Agreements 11/23/10) <br />