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2.3 ERMUSR 04-11-2017
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2.3 ERMUSR 04-11-2017
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City Government
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S.P.7102-127(T.H. 10) <br /> MnDOT Agreement Number 1027572 <br /> 1. The Utility Owner must accept or reject the total cost no more than 10 calendar <br /> days after receiving the cost schedule. If the Utility Owner does not provide <br /> this notification after 10 days, the State will consider the lack of response to be <br /> the Utility Owner's acceptance of the total cost and the State will proceed with <br /> the work. <br /> 2. If the Utility Owner chooses to delete its work from the State's contract, it will <br /> be obligated to remove or relocate its Facilities according to the terms of the <br /> Notice and Order. <br /> D. The State will issue the Utility Owner an invoice for the amount specified in the cost <br /> schedule. Pursuant to Minnesota Statutes, section 161.46, subdivision 5, the Utility <br /> Owner will promptly reimburse the State for the relocation costs. <br /> E. After the Contractor has completed the work required under its contract and the State <br /> has accepted the work, the State will prepare a final computation of the amount due <br /> from the Utility Owner. <br /> 1. If the final total amount is greater than the amount the State has already <br /> received from the Utility Owner, the Utility Owner must promptly pay the <br /> difference, without interest, to the State. <br /> 2. If the final total amount is less than the amount the State has already received <br /> from the Utility Owner, the State must pay the difference, without interest, to <br /> the Utility Owner. <br /> F. The final total cost constitutes payment in full for all relocation work according to this <br /> Agreement. This amount also constitutes payment in full for any and all damages, <br /> claims, or causes of action of any kind or nature that the Utility Owner may have <br /> relating to the relocation of the Facilities. <br /> V. Indemnification <br /> A. The Utility Owner will defend (at its own expense and to the extent Minnesota's <br /> Attorney General allows), indemnify, save, and hold the State and all of its agents and <br /> employees harmless of and from all claims, demands, actions, or causes of action <br /> arising from the Utility Owner's acts and omissions and from the State's (and its <br /> Contractor's) use of plans, designs, shop drawings, specifications, and special <br /> provisions prepared, reviewed, or approved by the Utility Owner. This indemnity <br /> obligation extends to any attorney's fees the State incurs in seeking to enforce this <br /> obligation, and in defending against any claims covered by this indemnity clause. <br /> Page5of8 <br /> 51 <br />
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