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may use emitter units only when responding to <br />an emergency. The City of Grant and the City <br />85526M <br />-4- <br />of Lake Elmo will provide the State's <br />Assistant Division Engineer or his /her <br />designated representative a list of all <br />vehicles with emitter units. <br />c) <br />Malfunction of the EVP System must be <br />reported to the State immediately. <br />d) <br />In the event the EVP System or its components <br />are, in the opinion of the State, being <br />misused or the conditions set forth in <br />Paragraph b above are violated, and such <br />misuse or violation continues after the City <br />of Grant or the City of Lake Elmo receives <br />written notice from the State, the State may <br />remove the EVP System. Upon removal of the <br />EVP System pursuant to this Paragraph, all of <br />its parts and components become the property <br />of the State. <br />e) <br />All timing of the EVP System will be <br />determined by the State. <br />7. Each <br />party will be solely responsible for its own <br />acts and omissions, <br />and the results thereof, to the extent <br />authorized by law. <br />The State's liability is governed by the <br />Minnesota Tort Claims Act, Minnesota Statutes Section 3.736. <br />85526M <br />-4- <br />