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Mn/DOT Agreement No.' Work Order„ 01 59 RE: MnIDOT invoice number (include the MODOT invoice number) Mail stop 215 395 John Ireland Blvd St. Paul, MN 55155 IMPORTANT: THE REMITTANCE MUST INCLUDE THE "Mn/DOT INVOICE NUMBER." Article 8 T ocal Government's Project Manager: 8.1 The Local Government 's Project Manager for this Work Order is the Local Government's Engineer for technical matters. The Local Government's Project Manager for this Work Order is responsible for overseeing the Local Government's fulfillment of its obligations under this Work Order, reviewing and approving invoices, resolving disputes related to this Work Order; and for giving or receiving any notices required or permitted by this Work Order. Article 9 State's Project Manua 9.1 The State's Project Manager, for this Work Order is the District Engineer. The Suite's Project Manager is responsible for overseeing the State's fulfillment of its obligations under this Work Order, reviewing and approving invoices, resolving disputes related to this Work Order, and for giving or receiving any notices required or permitted by this Work Order. Article 10 Termination I0.1 TerntUratiali liy the State. The Local Government, the State or the Commissioner of Administration may cancel this Work Order at any time, with or without cause, upon 30 days' written notice to the other Party., Upon termination, the Providing Party will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. 10.2 Teraninatimt for Insufficient-Futuling. If the State is the Requesting Party, The State may immediately terminate this Work Order if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the.services covered here. Termination must be by written or fax notice to the Local Government. The State is not obligated to pay for any services that are provided after notice and effective date of termination. However, the Local Government will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. Tile State will not be assessed any penalty if the Work Order is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. The State must provide the Local Government notice of the lack of funding within a reasonable time of the State's receiving that notice. Article 11 Additional Provisions 11.1 Tine parties intend that the services provided under this contract will not be construed as an interchange of employees subject to Minnesota Statutes § 15.5 1, et .seq. If the provision of the services under this contract is deemed to be subject to Minnesota Statutes § 15151, et. seq., and any provision in this contract is determined to conflict with such statute, then the statute will control to the extent of any such conflict. (Rev 09126107) - 3 -