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. EXHIBIT 6 <br />OTHER TERMS AND CONDITIONS <br />(Source: Minnesota Commercial Railway) <br />General Terms <br />1. As i -a all MNDOT DOT contracts, a 10% excess for both projects is allowable <br />and will be paid if material or other costs are determined or exceed estimates. <br />2. These are otherwise fixed fee contracts, to be paid in installments as follows to <br />,Allow MC and its contractors to purchase and transport materials, ballast, etc <br />To the job site prior to start up.. <br />payments are to be made as follows on both projects within 15 days of <br />Presentation of billing <br />Up to 15% of total costs - January 15, 2008 <br />An additional 35 % of costs - March 1, 2008 <br />An additional. 400K of costs - May 15, 2008 <br />Remaining 10% to be paid within 30 days of completion... <br />3. MC and / or its contractors or Pipeline reserve the right to hire other subcontractors <br />To assist in timely completion of projects. which is targeted to be no later than June <br />30, 2008, subject to weather and availability of material and scheduling of pipeline <br />Encasement work concurrent with enface projects. <br />4. If Magellan does not honor its cotnnaitments under the agrement and the City wishes <br />To pursue collection, it will pay legal fees and court costs for same and all other <br />Incidental oosts.. <br />5. if City desires removal of Butcher spur rail sooner than 60 days after the closing date, <br />And MC is unable to do so do to it committing its own forces to do *is work as a <br />Priority in front of other scheduled work, it will cause the rail to be removed at its <br />Own expense and dellvared or placed to MC at a mutually acceptable location in <br />New Brighter. MC will otherwise remove said rail within eighty (80) days after <br />The: closing date.. <br />6. The City of New Brigbton will pay any legal foes or costs MC is required to incur <br />By The City's Attorney in filing for the abandonment of this line.. <br />7. The City will reimburse MC for its payment of the Nelmeyer and Associates for <br />Services performed on this project for months of July and August, 2007, already on <br />File and submitted to New Brighton for direct payment, but not paid to hold MC <br />Hostage to finalizing au agreement These will be paid to MCR no later than. <br />O=berr 20, 2007 Futm Enginwring and administrative costs Will be drawn from <br />Funds allocated in the budgets for each project <br />Execution Copy (10-5-2007) 13 <br />