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<br />District Agreement Number 12-431 <br /> <br />SECTION III <br /> <br />IT IS MUTUALLY AGREED: <br /> <br />1. All obligations of STATE under the terms of this Agreement are contingent <br />upon the appropriation of resources by the Legislature. and the <br />encumbrance of funds under this Agreement. <br /> <br />2. The total cost payable by STATE to CI1Y for TRAFFIC SIGNAL TIMING <br />MODIFICATIONS and TRAFFIC CONTROL OFFICERS under this Agreement <br />will be subject to audit verification as to all elements of costs and fees <br />charged. Any STATE funds remaining on deposit with CI1Y shall be <br />returned to STATE within 30 days after termination of the last TRAFFIC <br />SIGNAL TIMING MODIFICATIONS and TRAFFIC CONTROL OFFICERS <br /> <br />service. <br /> <br />3. CI1Y shall designate a CI1Y Project Coordinator and STATE shall designate <br />a representative through whom all communications between the two <br />agencies shall be channeled. <br /> <br />4. Nothing in the provision of this Agreement is intended to create duties or <br />obligation to. or rights in third parties, not parties to this Agreement or <br />affect the legal liability of either party to the Agreement by imposing any <br />standard of care respecting the maintenance of State highways different <br />from the standard of care imposed by law. <br />