Laserfiche WebLink
LUP – Standardized LUP Form Page 5 of 6 LU1001 5/19/2023 <br />13. NOTICES. All notices which may be given, by either party to the other, will be deemed to have <br />been fully given when served personally on MnDOT or Permittee or when made in writing <br />addressed as follows: to Permittee at: <br /> <br />Mayor <br />City of Hugo <br />14669 Fitzgerald Avenue N <br />Hugo, MN 55038 <br /> <br />and to MnDOT at: <br /> <br /> State of Minnesota <br />Department of Transportation <br /> Metro District Right of Way <br />1500 W. County Road B2 <br />Roseville, MN 55113 <br /> <br />The address to which notices are mailed may be changed by written notice given by either <br />party to the other. <br /> <br />14. INDEMNITY. Permittee shall indemnify, defend to the extent authorized by the Minnesota <br />Attorney General’s Office, hold harmless and release the State of Minnesota, its Commissioner <br />of Transportation and employees and any successors and assigns of the foregoing, from and <br />against: <br /> (a) all claims, demands, and causes of action for injury to or death of persons or loss of or <br />damages to property (including Permittee's property) occurring on the Facility or connected with <br />Permittee's use and occupancy of the Area, except when such injury, death, loss or damage is <br />caused solely by the negligence of State of Minnesota, but including those instances where the <br />State of Minnesota is deemed to be negligent because of its failure to supervise, inspect or <br />control the operations of Permittee or otherwise discover or prevent actions or operations of <br />Permittee giving rise to liability to any person; <br />(b) claims arising or resulting from the temporary or permanent termination of Facility user <br />rights on any portion of highway right of way over which this LUP is granted; <br />(c) claims resulting from temporary or permanent changes in drainage patterns resulting in <br />flood damages; <br />(d) any laborers', mechanics', or materialmens' liens or other liens or claims of any kind <br />whatsoever filed or maintained for or on account of any work done or materials furnished; and <br />(e) any damages, testing costs and clean-up costs arising from spillage of regulated <br />materials attributable to the construction, maintenance or operation of the Facility. <br /> <br /> <br /> <br />