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S.P. 1810-92(T.H. 371) <br /> Agreement Number 1000912 <br /> Contractor prepared under this MUA will become MnDOT's property at <br /> MnDOT's discretion. The Contractor and Utility Owner will be entitled to <br /> payment, on a pro rata basis, for satisfactorily performed services. <br /> a. Notwithstanding the above, the Utility Owner and the Contractor will <br /> not be relieved of liability to MnDOT for any damages MnDOT <br /> sustains due to any breach of this MUA. MnDOT may withhold any <br /> payment to the Utility Owner or the Contractor to mitigate its <br /> damages until the exact amount of damages due to MnDOT from the <br /> Utility Owner or the Contractor is determined. <br /> b. If it is determined for any reason after cancellation that the <br /> Contractor or Utility Owner was not in default, or that the Utility <br /> Owner's or the Contractor's action or inaction was excusable, the <br /> cancellation will be treated as a cancellation without cause, and the <br /> rights and obligations of MnDOT and the Utility Owner or Contractor <br /> (whichever is applicable) will be the same as if MnDOT had canceled <br /> the MUA without cause, as described in Article I.E.1. <br /> F. Data Practices. All parties must comply with the Minnesota Government Data <br /> Practices Act (Minnesota Statutes, chapter 13), as it applies to any data received, <br /> collected, stored, or disseminated by a party to this MUA or the work performed <br /> under it. The Act provides for civil liability for failure to comply with its <br /> requirements. <br /> G. Conflict: In the event of a conflict between this MUA, its incorporated material, or <br /> its exhibits and attachments, the parties will resolve that conflict or inconsistency in <br /> favor of the most restrictive provision, as MnDOT determines at its discretion. <br /> II. Technical Criteria/Standards/Requirements <br /> A. Federal and State Requirements: The Contractor and Utility Owner must comply <br /> with all applicable federal and State laws, rules, and regulations, including all <br /> environmental laws and regulations on the Project. The Contractor and the Utility <br /> Owner must require compliance with these laws and regulations in all subcontracts <br /> entered into under this MUA. <br /> B. Standard Conditions: The standards, procedures, and terms in this MUA and any <br /> subsequent Work Order will govern the performance of the Utility Work and any <br /> related payment (if applicable). The following provisions are incorporated herein <br /> as terms and conditions of this MUA: <br /> Page 4 of 28 <br />