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LUP – Municipal Identification Entrance Sign Form Page 2 of 6 LU1000 4/6/2018 <br />In addition, the following provisions shall apply: <br /> <br /> <br />1. TERM. This LUP terminates at 11:59PM on December 31, 2028 subject to the right of <br />cancellation by MnDOT, with or without cau se, by giving the Permittee ninety (90) days written <br />notice of such cancellation. This LUP will not be renewed except as provided below. <br /> <br />Provided this LUP has not expired or terminated, MnDOT may renew this LUP for a period of up <br />to ten (10) years, provided Permittee delivers to MnDOT, not later than ninety (90) days prior to <br />the Expiration Date, a written request to extend the term. Any e xtension of the LUP term will be <br />under the same terms and conditions in this LUP, provided: <br /> <br />(a) At the time of renewal, MnDOT will review the Facility and Area to ensure the Facility and <br />Area are compatible with the safe and efficient operation of the highwa y and the Facility <br />and Area are in good condition and repair. If, in MnDOT’s sole determination, <br />modifications and repairs to the Facility and Area are needed, Permittee will perform such <br />work as outlined in writing in an amendment of this LUP; and <br />(b) Permittee will provide to MnDOT a certified copy of the resolution from the applicable <br />governmental body authorizing the Permittee’s use of the Facility and Area for the <br />additional term. <br /> <br />If Permittee’s written request to extend the term is not timely given, th e LUP will expire on the <br />Expiration Date. <br /> <br />Permittee hereby voluntarily releases and waives any and all claims and causes of action for <br />damages, costs, expenses, losses, fees and compensation arising from or related to any <br />cancellation or termination of this LUP by MnDOT. Permittee agrees that it will not make or <br />assert any claims for damages, costs, expenses, losses, fees and compensation based upon <br />the existence, cancellation or termination of the LUP. Permittee agrees not to sue or institute <br />any legal action against MnDOT based upon any of the claims released in this paragraph. <br /> <br />2. REMOVAL. Upon the Expiration Date or earlier termination, at the Permittee’s sole cost and <br />expense Permittee will: <br /> <br />(a) Remove the Facility and restore the Area to a condition satisfactory to the MnDOT District <br />Engineer; and <br />(b) Surrender possession of the Area to MnDOT. <br /> <br />If, without MnDOT’s written consent, Permittee continues to occupy the Area after the Expiration <br />Date or earlier termination, Permittee will remain subject to all conditions, provisions, and <br />obligations of this LUP, and further, Permittee will pay all costs and expenses, including <br />attorney’s fees, in any action brought by MnDOT to remove the Facility and the Permittee from <br />the Area. <br />