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Mn/DOT Agreement No. 81650
<br />Exhibit A
<br />27.2 The services and/or goods provided to State by Contractor must be of such quality that they are
<br />suitable for their intended purpose which meets the design requirements provided for in the
<br />Special Terms.
<br />27.3 Time is of the essence with respect to this Contract. In the event Contractor fails to perform its
<br />duties by the time fixed for the completion of the work, State may elect to immediately terminate
<br />this Contract.
<br />27.4 Neither party will be held responsible for delay or failure to perform when such delay or failure
<br />is due to any of the following, unless the act or occurrence could have been reasonably foreseen
<br />and reasonable action could have been taken to prevent the delay or failure: fire, flood, epidemic,
<br />strikes, wars, acts of God, unusually severe weather, or delays or defaults caused by public
<br />carriers, provided the defaulting party gives written notice as soon as possible to the other party
<br />of its inability to perform.
<br />Article 28 Printing, Paper Stock, and Ink Requirements
<br />If this Contract results in reports or documents paid for by State, Contractor must comply with
<br />Minnesota Statutes Sections 16B.121 and 16B.122, for the purchase of printing, paper stock, and printing
<br />ink.
<br />Article 29
<br />29.1
<br />Publicity and Endorsements
<br />Any publicity given to the program, publications, or services provided resulting from this
<br />Contract, including, but not limited to, notices, informational pamphlets, press releases, research,
<br />reports, signs, and similar public notices prepared by or for Contractor or its employees
<br />individually or jointly with others, or any subcontractors must identify State as the sponsoring
<br />agency and must not be released without prior approval by the Commissioner of Transportation,
<br />unless such release is a specific part of an approved work plan included in this Contract.
<br />29.2 The Contractor must not claim that State endorses its products or services.
<br />Article 30
<br />30.1
<br />Officials not to Benefit
<br />Without prior written consent of State, Contractor must not employ any professional or technical
<br />personnel to provide services under this agreement who are or have been at any time during the
<br />time period of this Contract in the employ of State, except retired State employees, without
<br />written consent from State.
<br />30.2 Contractor warrants that it has not employed or retained any company or person, other than a
<br />bona fide employee working solely for Contractor, to solicit or secure this Contract, and that
<br />Contractor has not paid or agreed to pay any company or person, other than a bona fide
<br />employee working for Contractor, any fee, commissions, percentage, brokerage fee, gifts, or any
<br />other consideration, contingent upon or resulting from the award of making of this Contract.
<br />Article 31 Termination
<br />31.1 This Contract may be immediately terminated by State or the Commissioner of Administration,
<br />at any time, with or without cause, upon written notice to Contractor. In the event of such
<br />termination Contractor will be entitled to payment, determined on a pro rata basis, for sery ices
<br />and/or goods satisfactorily performed or delivered.
<br />31.2 In the event State cannot or does not obtain funding from the Minnesota Legislature, or funding
<br />cannot be continued at a level sufficient to allow for the purchasing of the services and/or goods
<br />contained herein, this Contract may be immediately terminated, at State's option, by written
<br />February 2001
<br />Page 69
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