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Exhibit A Page 1 of 6 STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION STANDARD CLAUSES FOR RAILROAD-HIGHWAY CONSTRUCTION AGREEMENT SEPTEMBER 1,1998 1. AGREEMENT EXECUTION Before this Agreement shall become binding and effective, it shall have received the approval of such State officers as the law may provide in addition to the Commissioner of Transportation. 2. JURISDICTION AND VEN UE The laws of the State of Minnesota shall govern all questions as to the execution, nature, obligation, construction, validity and performance of this Agreement. 3. TERM OF AGREEMENT It is expected that all work, inspections, billings, audits and payments shall be accomplished within three years from the date of the Agreement. Any extension of the three-year limit shall be with the approval of all parties to the Agreement. 4. COMMISSIONER'S OFFICIAL CAPACITY — It is further agreed by and between the parties hereto, notwithstanding anything to the — contrary, that the Commissioner of Transportation of the State of Minnesota is acting in — an official capacity only and shall not be personally responsible or liable to the C'c�n, ��:sn�• — or to any person or persons whomsoever for any claims, damages, actions, or causes of action of any kind or character arising out of or by reason of the execution of this Agreement or the performance or completion of the project provided for herein. ELIGIBILITY OF COSTS The provisions contained in Federal-Aid Policy Guide, Chapter l, Subchapter G, Part 646, Subpart B and Chapter 1, Subchapter B, Part 140, Subpart I, shall apply to the railway-highway project, regardless of the method of financing the project. 6. WORK REPORTS The Company agrees that its representative in charge of the work set forth this Agreement shall furnish the State's Engineer in charge ofthe project: Page 1 of 6