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5, Any and all maintenance of the Pathway shall be provided by the Permittee; this <br /> includes, but is not limited to, the plowing and removal of snow, and the installation and <br /> removal of regulatory signs. <br /> 6. This permit is non-exclusive and is granted subject to the rights of others, including, but <br /> not limited to public utilities which may occupy said right of way. <br /> 7, The Permittee shall preserve and protect all utilities located on the lands covered <br /> by this permit at no expense to the Minnesota Department of Transportation and it <br /> shall be the responsibility of the Permittee to call the Gopher State One Call System <br /> at 1-800-252-1 166 at least 48 hours prior to performing any excavation. <br /> 8. Any crossings of the Pathway over the trunk highway shall be perpendicular to the <br /> centerline of the highway and shall provide and ensure reasonable and adequate <br /> stopping sight distance. <br /> 9. The Permittee shall construct the Pathway at the location shown in the attached Exhibit <br /> "A" subject to verification by the Minnesota Department of Transportation Division <br /> Engineer that the construction geometrics and procedures result in a Pathway that is <br /> compatible with the safe and efficient operation of the highway facility. <br /> 10. Approval from Minnesota Department of Transportation Division Engineer shail be <br /> required for any changes from the approved plan. <br /> 11. Upon completion of the construction of the Pathway, the Permittee shall restore all <br /> disturbed slopes and ditches in such manner that drainage, erosion control and <br /> aesthetics are perpetuated. <br /> 12. This permit does not release the Permittee from any liabili-ty cr obligation imposed by <br /> federal law, Minnesota Statutes, local ordinances, or other agency regulations relating <br /> thereto and any necessary permits relating thereto shall be applied for and obtained by <br /> the Permittee. <br /> 13. Any use permitted by this permit shall remain subordinate to the right of the Minnesota <br /> Department of Transportation to use the property for highway and transportation <br /> purposes. This permit does not grant any interest whatsoever in land, nor does it <br /> establish a permanent park, recreation area or wildlife or waterfowl refuge facility that <br /> would become subject to Section 4 (f) of the Federal-Aid Highway Act of 1968, nor does <br /> this permit establish a Bikeway or Pedestrian way which would require replacement <br /> pursuant to Minnesota Statutes Section 160.264. <br /> Page 2 of 4 <br />