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[tem 8h: Attachment
<br />H. The Project must be: (i) substantially completed in accordance with the program
<br />plan and cost estimates referred to in Section 7.10.C, (ii) completed in accordance with the
<br />time schedule contained in the program plan refened to in Section 7.10.C, and (iii)
<br />completed within the budgets contained in the cost estimates referred to in Section 7.10.C.
<br />Provided, ho�vever, the provisions and requirements contained in this Section only apply to
<br />public Iands or buildin�s or other public improvements of a capital nature, and shall not apply to
<br />the demolition or decommissioning of state assets, hazardous material projects, utility
<br />infrastructure projects, environmental testin�, parkin� lots, parkin� structures, park and ride
<br />facilities, bus rapid transit stations, li�ht rail lines, passen�er rail projects, exterior lightin�,
<br />fencin�, hi�h�vay rest areas, truck stations, storage facilities not consistin� primarily of offices or
<br />heated �vork areas, roads, brid�es, trails, pathways, camp�rounds, athletic fields, dams,
<br />floodwater retention systems, water access sites, harbors, sewer separation projects, water and
<br />�vaste�vater facilities, port development projects for which the Commissioner of Transportation
<br />for the State of Minnesota has entered into an assistance a�reement under Nlinn. Stat. § 457A.0�,
<br />as it may be amended, moditied or replaced from time to time, ice centers, local government
<br />projects with a construction cost of less than �1,�00,000.00, or any other capitat project with a
<br />construction cost of less than �7�0,000.00.
<br />Section 7.11 Pre�-ailina ��'ages. The Public Entiry a�rees to comply �vith all of the
<br />applicable provisions contained in Chapter 177 of the Nlinnesota Statutes, and specifically those
<br />provi5ions contained in Minn. Stat. �� 177.41 through 177.�35, as they may be amended,
<br />modified or replaced from time to time �vith respect to the Project and the operation of the State
<br />Pro�ram on or in the Real Property and, if applicable, Facility. By a�reein� to this pro��ision, the
<br />Public Entity i� not acknowled�inQ or a�reein� that the cited provisions apply to the Project or
<br />the operation of the State ProQram on or in the Real Property and, if applicable, Facility-.
<br />Section 7.12 Liabilit�. The Public Entiry and the State Entity agree that they ���ill,
<br />subject to any indemnifications pt•ovided herein, be responsible for their own acts and the results
<br />thereof to the extent authorized by law, and they shall not be responsible for the acts of the other
<br />party and the results thereo£ The liability of the State Entity and the Commissioner of iVLNIB is
<br />�overned by the provisions contained in Minn. Stat. �S 3.736, as it may be amended, modified or
<br />replaced from time to time. If the Public Entity is a"municipality'' as such term is used in
<br />Chapter 466 of the Nlinnesota Statutes that esists as of the date of this A�reement and as such
<br />may subsequently be amended, modified or replaced from time to time, then the liability of the
<br />Public Entity, includin� but not limited to the indemnitication provided under Section 7.13, is
<br />governed by the provisions contained in such Chapter 466.
<br />Section 7.13 Indemnification by the Publie Entity. The Public Entity shall bear all
<br />loss, expense (inc(udina attorneys' fees), and damaQe in connection with the Project and
<br />operation of the Real Property and, if applicable, Faciliry, and a�rees to indemnify and hold
<br />harmless the State Entity, the Commissioner of MMB, and the State of Niinnesota, their a�ents,
<br />servants and employees from all claims, demands and jud�ments made or recovered a�ainst the
<br />State Entity, the Commissioner of MMB, and the State of Minnesota, their a�ents, servants and
<br />employees, because of bodily injuries, including death at any time resultina therefrom, or
<br />Generic GO Bond Proceeds 30 �,,�_�������
<br />Grant Aoreement Por Pro,ram End Grants
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