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S.P.7102-127(T.H. 10) <br /> MnDOT Agreement Number 1027572 <br /> AGREEMENT <br /> Term/Termination <br /> A. Effective Date: This Agreement is effective on the date the State obtains all <br /> signatures required by Minnesota Statutes, section 16C.05, subdivision 2. <br /> B. Commencement of Work: Upon notice of Agreement approval, the Utility Owner must <br /> promptly provide the State (and the State's Contractor (Contractor)) with any <br /> information necessary to commence and successfully prosecute the utility work <br /> according to the terms of the Notice and Order and a work schedule the State's <br /> Project Engineer (Project Engineer) approves. <br /> C. Expiration Date: This Agreement will expire on the date that all obligations, excluding <br /> the Utility Owner's ongoing maintenance obligations, have been satisfactorily fulfilled. <br /> D. Termination by the State: The State may terminate this Agreement at any time, with <br /> or without cause, on 30 calendar days' written notice to the Utility Owner. Upon <br /> termination, the State will be entitled to payment, on a pro rata basis, for satisfactorily <br /> performed services. The termination of this Agreement does not relieve the Utility <br /> Owner of its obligations under the Notice and Order. <br /> E. Survival of Terms: The following articles survive this Agreement's expiration or <br /> termination: (Ill) Utility Owner's Ongoing Maintenance Requirements; (V) <br /> Indemnification; and (VII) Governing Terms. <br /> II. Description of Work Procedures <br /> A. Plans: The Utility Owner will provide relocation plans. These plans, which are <br /> attached to this Agreement as Exhibit A, indicate the present and proposed locations <br /> of the Facilities. <br /> 1. If any changes to the plans or character of the work become necessary, the <br /> State.and the Utility Owner must agree to the changes before the State makes <br /> (or directs the Contractor to make) them. If these changes require an <br /> amendment or supplement to this Agreement, the parties will negotiate such <br /> amendment or supplement in good faith, and the State is not obligated to <br /> commence such changes until such amendment or supplement is fully <br /> executed. The State will enter into such supplemental agreements with its <br /> Contractor as the State deems necessary to implement such changes. <br /> Page2of8 <br /> 48 <br />