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<br />Transportation Facilities <br /> <br />5. It is agreed between the parties that there is at least one STATE transportation facility <br />located next to or adjacent to the REAL PROPERTY. As such, it is foreseeable that the STATE <br />transportation facility may be expanded in the future into the REAL PROPERTY. Therefore, both <br />parties agree that this AGREEMENT as it is applied to the REAL PROPERTY needed for STATE <br />transportation purposes, will be extinguished and that section of REAL PROPERTY will be sold to the <br />Department or other responsible transportation authority. Said monies shall be distributed as set forth in <br />Paragraph 4 B above. <br /> <br />Tenn <br /> <br />6. These covenants are to run with the land and shall be binding on all parties and all <br />persons claiming under them until revoked or amended pursuant to the Amendment and Revocation <br />provisions of this AGREEMENT. <br /> <br />Amendment and Revocation <br /> <br />7. With STATE's prior written approval, APPUCANT may sell, transfer, trade, or modify <br />the ownership, use, management, and maintenance responsibilities of the REAL PROPERTY. <br /> <br />8. This AGREEMENT and any amendments to it may be amended in any respect by the <br />joint execution by STATE and APPUCANT of any instrument amending or revoking this <br />AGREEMENT. The amending or revoking instrument shall make appropriate reference to this <br />A GREEMENT and its amendments and shall be acknowledged and recorded in the office of the County <br />Recorder of the counties in which the property is located. <br /> <br />Enforcement <br /> <br />9. Enforcement shall be by proceedings at law or in equity against any person or persons <br />violating or attempting to violate any covenant either to restrain violation or to recover damages. <br /> <br />Indemnification <br /> <br />10. Neither STATE nor any officer or employee thereof is responsible for any damage <br />or liability occurring by reason of anything done or omitted to be done by APPUCANT under or in <br />connection with any work, authority or jurisdiction delegated to APPLICANT under this <br />AGREEMENT. It is understood and agreed that, pursuant to Government Code Section 895.4, <br />APPLICANT shall fully defend, indemnify and save hannless STATE and all of its officers and <br />employees from all claims, suits or actions of every name, kind and description brought for or on <br />account of injury (as defined in Government Code Section 810.8) occurring by reason of anything done <br />or omitted to be done by APPLICANT under or in connection \'{ith any work, authority or jurisdiction <br />delegated te-APPUCANT under this AGREEMENT. STATE rererves the right to represent itself in <br />any litigation- in which STATE'S interests are at stake.' <br /> <br />3 <br /> <br />~\~(l~ <br />. ,,-e~" ~e"-\ <br />. ~ICe I'; II ~ \,(l\le~"- <br />,\'II'; (l eO; -u,,-ce \,)'!l. <br />"'\,,-'6 \e .,"11 <0\ <br />,I' "::,ec\.lu <br />\,(lCe <br /> <br />TEA-ADRC <br />