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1 A ' <br /> maintain railroad traffic, the Company shall be only required to notify the <br /> State as soon as reasonably possible that the emergency has arisen and that <br /> • the Company is ,proceeding with the work. The Company hereby acknowledges <br /> that it may be necessary to file a legislative claim for reimbursement of any <br /> costs incurred before State Lands are encumbered in an amount sufficient to <br /> cover the costs of the work. In all events, reimbursable maintenance costs <br /> shall be limited to necessary repairs. <br /> If any maintenance work is such that it cannot be performed by the <br /> Company- with its of-m equipment and regularly employed forces, the Company may <br /> contract the work. However, the Company shall not award the contract or start <br /> work until the contract has been approved by the Commissioner of Transportation <br /> and the necessary State funds have been encumbered. <br /> 12. It is further agreed by and between .the parties hereto anything <br /> to the contrary herein notwithstanding, that the Commissioner of Transportation <br /> of the State of Minnesota is acting in his official capacity only and that he <br /> shall not be personally responsible or liable to the Company or to any person <br /> or persons whomsoever for any claims, damages, actions, or causes of action <br /> of any kind or character arising out of or by reason of the execution of this <br /> agreement or the performance or completion of the project provided for herein. <br /> 13. Before this agreement shall become binding and affective, it shall <br /> have received the approval of such State officers as the law may provide in <br /> addition to the Commissioner of Transportation. <br /> 14. The lams of the State of Minnesota shall govern all questions as <br /> • to the execution, nature, obligation, construction, validity and.performance <br /> of this agreement. <br /> 15. If it appears to the Company at any time subsequent to the date of <br /> this agreement and prior to final completion of such work, that the actual cost f; <br /> of such work will exceed the estimated cost, the Company shall.. immediately <br /> so notify the State in writing, -thereof, and, after the additional funds are <br /> encumbered, such notice will have the affect of amending this agreement so <br /> as to include the supplemental cost of such work. <br /> 16. as-provided under Minnesota Laws 1980,_Chapter 614, Sec. 51, <br /> all books, records, documents, and accounting procedures and practices of the <br /> Company relevant to this contract are subject to examination by Mn,/DOT and <br /> either .the legislative auditor or the State auditor as appropriate. <br /> MUDIT "All _ r'ac'e 4 9-1-80 <br />