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<br /> <br /> <br /> <br /> process the federal aid reimbursement requests. <br /> <br /> D. AUTHORITY. Mn/DOT may withhold federal funds, where MWDOT or the FHWA <br /> determines that the Project(s) was not completed in compliance with federal <br /> requirements. <br /> <br /> E. INSPECTION. Mn/DOT, the FHWA, or duly authorized representatives of the state <br /> and federal government will have the right to audit, evaluate and monitor the work <br /> performed under- this agreement. The City will make available all books, records, and <br /> documents pertaining to the work hereunder, for a minimum of seven years following <br /> the closing of the construction contract. <br /> <br /> <br /> III. TORT LIABILITY. Each party is responsible for its own acts and omissions and the results . <br /> thereof to the extent authorized by law and will not be responsible for the acts and omissions <br /> of any others and the results thereof The Minnesota Tort Claims Act, Minnesota Statutes <br /> <br /> Section 3.736, governs Mn/DOT liability. <br /> <br /> IV. ASSIGNMENT. Neither party will assign or transfer any rights or obligations under this <br /> agreement without prior written approval of the other party. <br /> <br /> V. AMENDMENTS. Any amendments/supplements to this Agreement will be in writing and <br /> executed by the same parties who executed the original agreement, or their successors in <br /> office. <br /> <br /> VI. AGREEMENT EFFECTIVE DATE. This agreement is effective upon execution by the <br /> appropriate State officials pursuant to Minnesota Statutes Section 16C.05. <br /> <br /> VII. CANCELLATION. This agreement may be canceled by the City or Mn/DOT at any time, <br /> with or without cause, upon ninety (90) days written notice to the other party. Such <br /> termination will not remove any unfulfilled financial obligations of the City as set forth in <br /> this Agreement. In the event of such a cancellation the City will be entitled to reimbursement <br /> for Mn/DOT-approved federally eligible expenses incurred for work satisfactorily performed <br /> on the Project to the date of cancellation subject to the terms of this agreement. <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> (Mn/DOT Agreement No. ) <br /> N:TedAid\Agreement\latest samples\147-000-000 new brighton DCP Agency Agreement OG.doc 2/5/00 Page 7 <br />