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<br />Headquarters Rail Agreement No. 75-701-C <br /> <br />4. If existing public and/or private utilities interfere with the construction of the <br />PROJECT, CI1Y shall make all necessary arrangements with the owners of such <br />utilities for their protection, relocation or removal in accordance with CIlYs <br />policies and procedures regarding such protection, relocation or removal. The <br />costs of protection, relocation or removal shall be apportioned between the <br />owner of the utility facility and CI1Y. <br /> <br />5. Any changes to PROJECT, before, during or after PROJECT construction, that <br />does not comply with or is in conflict with the TEA program requirements may <br />result in CI1Y being required to reimburse STATE the entire amount of TEA <br />funds contributed to the project or the value of the TEA fund contribution. The <br />minimum life of the wall and artwork must be a minimum of ten years <br />terminating on July 31,2014 or TEA funds must be repaid to the STATE. <br /> <br />6. Upon completion and acceptance of the construction contract for PROJECT by <br />CI1Y, to the satisfaction of the STATE representative, CI1Y will maintain <br />PROJECT at its own cost and expense. <br /> <br />7. Any hazardous material or contamination of an HM-I category found within the <br />local road right of way during investigative studies requiring the same defined <br />remedy or remedial action shall be the responsibility of CI1Y. For the purpose of <br />this Agreement, hazardous material or contamination of HM-I category is <br />defined as that level or type of contamination which State or Federal regulatory <br />control agencies having jurisdiction have determined must be remediated by <br />reason of its mere discovery, regardless of whether it is disturbed by PROJECT <br />or not. If CI1Y decides to not proceed with PROJECT, CI1Y shall not sign the <br />HM-I manifest. <br /> <br />8. The provisions of this Agreement are not intended to create duties or obligations <br />to or rights in third parties to this Agreement or to affect the legal liability of <br />either party to the Agreement by imposing any standard of care with respect to <br />the maintenance of State highways different from the standard of care imposed <br />bylaw. <br /> <br />9. Neither STATE nor any officer thereof is responsible for any damage or liability <br />occurring by reason of anything done or omitted to be done by CI1Y under or in <br />connection with any work, authority or jurisdiction delegated to CI1Y under this <br />Agreement. It is understood and agreed that, pursuant to Govemment Code <br />Section 895.4, CI1Y shall fully defend, indemnify and save harmless STATE and <br />all its officers and employees from all claims, suits or actions of every name, <br />kind and description brought for or on account of injury (as defined in <br />Govemment Code Section 810.8) occurring by reason of anything done or <br />omitted to be done by CI1Y under or in connection with any work, under this <br />Agreement. <br /> <br />10. Neither CI1Y nor any officer thereof is responsible for any damage or liability <br />occurring by reason of anything done or omitted to be done by STATE under or <br />in connection with any work, authority or jurisdiction delegated to STATE under <br />this Agreement. It is understood and agreed that, pursuant to Govemment Code <br />Section 895.4, STATE shall fully defend, indemnify and save harmless CI1Y and <br />all its officers and employees from all claims, suits or actions of every name, <br />kind and description brought for or on account of injury (as defined in <br />Govemment Code Section 810.8) occurring by reason of anything done or <br />omitted to be done by STATE under or in connection with any work, under this <br />Agreement. <br /> <br />Page 5 of8 <br />