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00115223.DOC / v. 7 2 3. Election: The City may elect to perform Temporary ROW Work by providing written notice of its intent to the County on or after February 1, 2022, if the County has not awarded a construction contract for the Project on or prior to that date. 4. Requirements: City agrees that it is responsible for ensuring: a. All necessary permits, including those for access, building or signal work; and including those from Ramsey County or other governmental entities; are obtained prior to the initiation of any work. Nothing herein waives the City’s obligation to obtaining any permit or approval required for the proposed work within the County’s right-of-way or for which impacts the access to or use of the public road. b. Ingress and egress access through the temporary paved entry is not opened before October 1, 2022, or sooner if the entry way into the KDP Parcel located just north of the temporary paved entry has been closed due to the Project or Temporary ROW Work, and may not remain open for more than twelve months, unless approved by County. c. Any work is installed or constructed as planned, is substantially consistent with County plans for the Project, and adequate traffic controls during construction of the Temporary ROW Work are maintained. d. All temporary improvements are maintained in good working order until removed by the County. If repair or replacement is necessary due to vehicle collision, act of nature, or any other reason, City will immediately repair or replace the temporary improvements. e. The installation of Temporary ROW Work is performed in conjunction with the Project and does not interfere with the orderly progression of the Project. 5. Costs: The City shall be responsible for all costs associated with the installation of Temporary ROW Work, the maintenance and repair of the Temporary ROW Work. The City shall perform the installation or have another party perform the installation and shall pay for those costs directly. The City shall repair and maintain the Temporary ROW Work, or have another party perform those services, and shall pay for those costs directly. The County, or its contractor, will remove the Temporary ROW Work, and will invoice those costs in the manner provided by the Cooperative Agreement, except that no portion of those costs shall be shared with any partners. 6. Notices. All notices, requests, demands, and other communications required or permitted to be given under this Agreement shall be given in writing (at the addresses set forth below) by any of the following means: (i) personal service; (ii) electronic mail or an attachment to electronic mail in Adobe Systems, Inc. Portable Document Format (PDF); or (iii) delivery by any reputable overnight courier service. Any notice, demand or request sent pursuant to either (i) or (ii) hereof shall be deemed received upon such personal service or upon dispatch by electronic means and if sent pursuant to (iii) hereof shall be deemed received one (1) day following delivery to such courier service.