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Mn /DOT Agreement No 90502 -P 2. The City receives a written request from the State for the advancement of funds. ARTICLE V - GENERAL PROVISIONS Section A. Right -of -Way, Easements, and Permits The City must, without cost or expense to the State, obtain all rights -of -way, easements, construction permits, and any other permits and sanctions that may be required in connection with the City's share of the Construction. Section B. Examination of Books, Records, and Accounting Procedures As provided by Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices of the State and the City relevant to this Agreement are subject to examination by the Minnesota Department of Transportation Auditor, the City Auditor, the Legislative Auditor, and the State of Minnesota Auditor, as appropriate, for a minimum of six years from the expiration of this agreement. Section C. Liability Each party to this Agreement will be responsible for its own acts and omissions, the acts and omissions of its employees, and the results thereof to the extent authorized by law, and will not be responsible for the acts and omissions of the other party or its employees and the results thereof. The State's liability will be governed by the provisions of Minnesota Statutes Section 3.736 and other applicable law. The City's liability will be governed by the provisions of the Municipal Tort Claims Act, Minnesota Statutes Chapter 466 and other applicable law. Section D. Extent of Agreement This entire Agreement between the State and the City is contained herein. This Agreement supersedes all oral agreements and negotiations between the State and the City relating to the subject matter hereof. All items referred to in this Agreement are made a part hereof by reference with the same force and effect as though fully set forth herein. Section E. Amendments Any amendments to this Agreement must be in writing and must be executed by the same parties that executed the original Agreement, or their successors in office. • Section F. Counterparts This Agreement may be executed in one or more counterparts, each of which will be deemed to be an original, but all of which together will constitute one and the same agreement. 4 of 6