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77509 <br />disturbed areas of Mn /DOT right -of -way so as to perpetuate <br />satisfactory drainage, erosion control and aesthetics. <br />Any use of Mn /DOT right -of -way permitted by this Agreement shall <br />remain subordinate to the right of Mn /DOT to use.the property for <br />highway and transportation purposes. This Agreement does not ��_rant <br />any interest whatsoever in land, nor does it establish a permanent <br />park, recreation area or wildlife or waterfowl refuge facility that <br />would become subject to Section 4(f) of the Federal -Aid Highway Act <br />of 1968. <br />Section C. Examination of Books Records Etc. <br />As provided by Minnesota Statute Section 16B.06, subdivision 4 <br />(1996), the books, records, documents, and accounting procedures and <br />practices of Mn /DOT and the City relevant to this Agreement are <br />subject to examination by Mn /DOT and the City, and either the <br />legislative auditor or the State auditor as appropriate. <br />Section D. Cancellation of .Agreement <br />Mn /DOT may cancel and terminate this Agreement for any cause or <br />reason, including Mn /DOT's desire to use any portion of Mn /DOT <br />right -of -way subject to this Agreement for transportation purposes, <br />by giving the City written notice at least 90 days prior to the date <br />which such termination shall become effective. Upon cancellation of <br />this Agreement, the City will be required to restore and return the <br />area to a condition satisfactory to Mn /DOT's Metropolitan Division <br />Engineer at Roseville. <br />Section E. Claims <br />All employees of the City and all other persons employed by the City <br />or volunteering in the performance of landscape materials <br />acquisition, installation and /or maintenance covered under this <br />Agreement shall not be considered employees of Mn /DOT. All claims <br />that arise under the Worker's Compensation Act of the State of <br />7 <br />