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District Agreement No. 530 <br />17. Locations subject to remedy or remedial action and/or protection include utility <br />relocation work required for PROJECT. Costs for remedy and remedial action and/or <br />protection shall include, but not be limited to, the identification, treatment, protection, <br />removal, packaging, transportation, storage, and disposal of such material. <br />18. The party responsible for funding any hazardous material cleanup shall be responsible <br />for the development of the necessary remedy and/or remedial action plans and designs. <br />Remedial actions proposed by CITY on the State highway right of way shall be pre - <br />approved by STATE and shall be performed in accordance with STATE's standards <br />and practices and those standards mandated by the Federal and State regulatory <br />agencies. <br />19. Additional costs arising out of any or all of the situations described in Articles 13 <br />through 18 above of this Section III shall be borne by CITY as part of the PROJECT <br />cost which CITY is entirely funding. STATE may be required to stop work on <br />PROJECT until additional funding is provided by CITY or the PROJECT site will be <br />restored to a condition of safe operation using then unexpended funds for PROJECT if <br />those additional funds are not made available for PROJECT. <br />20. Upon PROJECT completion and acceptance, subject to the approval of STATE, <br />STATE will operate and maintain those PROJECT facilities constructed within <br />STATE's right of way (excepting CITY encroachments) at STATE's cost. <br />21. Upon satisfactory completion of all PROJECT work under this Agreement, as <br />determined by STATE, actual ownership and title to materials, equipment, and <br />appurtenances installed within the State highway right of way will automatically be <br />vested in STATE, and materials, equipment, and appurtenances installed outside of the <br />State highway right of way will automatically be deemed to be under the control of <br />CITY or an appropriate third party as determined by CITY. No further agreement will <br />be necessary to transfer ownership as herein before stated. <br />22. Nothing in the provisions of this Agreement is intended to create duties or obligations <br />to or rights in third parties not parties to this Agreement or to affect the legal liability <br />of either party to the Agreement by imposing any standard of care with respect to the <br />development, design, construction, operation, and maintenance of State highways and <br />public facilities different from the standard of care imposed by law. <br />23. Neither STATE nor any officer or employee thereof is responsible for any injury, <br />damage or liability occurring by reason of anything done or omitted to be done CITY <br />under or in connection with any work, authority or jurisdiction arising under this <br />Agreement. It is understood and agreed that CITY shall fully defend, indemnify and <br />save harmless STATE and all its officers and employees from all claims suits, or <br />actions of every name, kind and description brought forth under, including, but not <br />limited to, tortuous, contractual, inverse condemnation and other theories or assertions <br />of liability occurring by reason of anything done or omitted to be done by CITY under <br />this Agreement. <br />Revised June 27, 2005 edition 8 <br />