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<br /> , <br />5. Term of this permit shall be from April 1, 1998, uolil completion of the construction, <br /> approximately three months in duration. Permit shall terminate on Sept 30, 1998. It is <br /> expressly understood and agreed that this permit is temporary and is for access to MT's property . <br /> during the construction of the proposed road. <br />6. Permittee shall not transfer or assign this permit without the written consent of MT. <br />7. Nothing herein contained shall imply or import a covenant on the part of MT for quiet <br /> enjoyment. <br />S. Upon any failure of Permittee punctually and strictly to observe and perform the covenants and <br /> promises made herein by Permittee to be kept and performed, MT may terminate this agreement <br /> on ten (l0) days notice to I'ermittee, and restore the right-of-way to its previous condition at the <br /> cost and expense of Permittee. <br />9. Any notices given under the provisions of this agreement shall be good if deposited postpaid in <br /> a U.S. post office addressed to Permittee at Permittee's post office address above stated or as <br /> otherwise directed by I'ermittee. <br />10. The license and permission herein granted is subject to permits, leases and licenses, if any, <br /> heretofore granted by MT affecting the premises upon which said right-of-way is located. <br />11. For the privileges herein granted, Permittee shall pay MT a one-time charge of $400, payable <br /> in advance. <br />Subject to the foregoing provisions, this agreement and all of the covenants and promises thereof, shall <br />insure to the benefit of and be binding upon the parties hereto, their respective executors, administrators, <br />successors and assigns. <br /> IN WITNESS WHEREOF, MT and Permittee have executed this agreement the day and year <br />first above written. . <br />In Presence of: <br /> M T PROI'ERTIES, INC. <br /> Gordon Forbes, Executive Vice President <br /> CITY OJ;' ARDEN HILLS <br /> . <br />