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<br />e <br /> <br />. <br /> <br />. <br /> <br />Mn/DOT Agreement No. 88611 <br /> <br />IV, AUTHORIZED REPRESENTATIVE <br /> <br />A. State's Authorized Representative for the purposes of the administration of this Agreement <br />is Susan Mulvihill, Assistant District Engineer - Maintenance, Minnesota Department of <br />Transportation Metro District, 1500 West County Road B2, Roseville, Minnesota 55113, <br />(651) 582-1643, or her successor. <br /> <br />B, The City's Authorized Representative for the purposes of the administration of this <br />Agreement is Tom Moore, City of Arden Hills, Director of Operations and Maintenance, <br />1245 Hwy 96, Arden Hills, MN 55112, 651-755-0219, or his successor. <br /> <br />C, State's Authorized Representative will have final authority for acceptance of maintenance services <br />performed by City under this Agreement. <br /> <br />V, ASSIGNMENT <br /> <br />A. No party will assign or transfer any rights or obligations under this Agreement, in whole or in part, <br />without prior written consent of the other, <br /> <br />B, Ali contracts and agreements made by any party with additional parties for the performance of any work <br />to be done under this Agreement will be made in accordance with the terms of this Agreement and <br />comply with State of Minnesota iaw, <br /> <br />C, This Agreement will not be construed as a relinquishment by State of any powers or control it may <br />have over the trunk highway covered under this Agreement. <br /> <br />VI. MERGER/AMENDMENTS <br /> <br />This Agreement contains all negotiations and agreements between the State and City. No other <br />understanding regarding this agreement, whether written or oral, may be used to bind either party, <br />Any amendments to this Agreement must be in writing, and must be executed by the same parties <br />who executed the original Agreement, or their successors in office, <br /> <br />VII. LIABILITY <br /> <br />A, The employees and agents of the City will not be deemed to be employees of the State for any <br />reason. <br /> <br />B. Each party will be solely responsible for its own acts and omissions, the acts and omissions of its <br />employees, and results thereof to the extent authorized by law, The parties will not be responsible for <br />the acts of any others and the results thereof, <br /> <br />C, Liability of State will be governed by the provisions of Minnesota Statutes Section 3.736 and liability <br />of City will be governed by Minnesota Statutes Chapter 466, This clause will not be construed to bar <br />any legal remedies each party may have for the other party's failure to fulfill its obligations pursuant to <br />this Agreement. <br /> <br />D. Each party to this Agreement will defend at its sole cost and expense any action or proceeding <br />commenced for the purpose of asserting any claim of whatsoever character arising in connection with <br />or by virtue of performance of its own work as provided herein, <br /> <br />3 <br />