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<br />District Agreement it 12 -419 <br /> <br />4. Federal Funding wiII be used to finance. this project. Therefore, all documentation, <br />environmental documentation, right of way certification, design and construction shall <br />follow the Federal guidelines as established in current Local Assistance procedures, <br /> <br />5. Prior to award of the construction contract for PROJECT, STATE may terminate this <br />Agreement by providing the CITY \vith thirty (30) days written notice, provided that <br />STATE pays CITY for all PROJECT-related costs incurred by CITY:prior to termination. <br /> <br />6. Prior to award of the construction contract for PROJECT, CITY may terminate this <br />Agreement by written notice. If CITY terminates this Agreement, CITY shall bear all <br />PROJECT-related costs incurred by CITY prior to termination and reimburse to STATE, <br />within 90 days, any funds which may have been advanced or paid to CITY. <br /> <br />C> <br />t-4 <br />(Jl <br />N::::o <br />CD <br />... <br /> <br />7. Nothing in the provisions of this Agreement is intended to create duties or obligations to <br />or.rights in third parties to this Agreement or affect the legal liability of either party to the <br />Agreement by imposing any standard of care with respect to the maintenance of State <br />highways different from the standard care imposed by law. <br /> <br />8, Any changes to PROJECT, before, during or after PROJECT acquisition and/or <br />construction, that does not comply with or is in conflict with the TEA Program <br />requirements may result in CITY being required to reimburse STATE the entire amount of <br />TEA funds contributed to the project or the value of the TEA fund contribution, based <br />upon the fair market value of the acquisition and/or construction, at the time the conflict <br />and/or non-compliance is determined, whichever is greater. <br /> <br />.- <br /> <br />9. Neither STATE nor any officer or employee thereof is responsible for any damage or <br />liability occurring by reason of anything done or omitted to be done by CITY under or in <br />connection with any work, authority or jurisdiction delegated to CITY under this <br />Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, <br />CITY shall fully defend, indemnify and save harmless STATE and all its officers and <br />employees from all claims, suits or actions of every name, kind and description brought <br />for or on account of injury (as defined in Government Code Section 810.8) occurring by <br />reason of anything done or omitted to be done by CITY under or in connection with any <br />work, authority or jurisdiction delegated to CITY under this Agreement. <br /> <br />10. Neither CITY nor any officer or employee thereof is responsible for any damage or <br />liability occurring by reason of anything done or omitted to be done by STATE under or in <br />connection with any work, authority or jurisdiction delegated to STATE under this <br />Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, <br />STATE shall fully defend, indemnify and save harmless CITY from all claims, suits or <br />actions of every name, kind and description brought for or on account ofinjury (as defined <br />in Government Code Section 810.8) occurringl2)' reason of anything done or omitted to be <br />, . <br />done by STATE under or in connection with any work, authority or jurisdiction delegated <br />to STATE under this Agreement. <br /> <br />I I. This Agreement may be terminated or proVISIons contained herein may be altered, <br />changed, or amended by mutual consent of the parties hereto. <br /> <br />4 <br />