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<br />ARTICLE III - MAINTENANCE AND MANAGEMENT <br /> <br />1. ADMINISTERING AGENCY will maintain and operate the property acquired, developed, <br />constructed, rehabilitated, or restored by PROJECT for its intended public use until such time as <br />the parties might amend this AGREEMENT to otherwise provide. With the approval of STATE, <br />ADMINISTERING AGENCY or its successors in interest in the PROJECT property may transfer <br />this obligation and responsibility to maintain and operate PROJECT property for that intended <br />public purpose to another public entity. <br /> <br />2. Upon ADMINISTERING AGENCY's acceptance of the completed federal-aid construction <br />contract or upon contractor being relieved of the responsibility for maintaining and protecting <br />PROJECT, ADMINISTERING AGENCY will be responsible for the maintenance, ownership, <br />liability, and the expense thereof, for PROJECT in a manner satisfactory to the authorized <br />representatives of STATE and FHWA and if PROJECT falls within the jurisdictional limits of <br />another Agency or Agencies, it is the duty of ADMINISTERING AGENCY to facilitate a separate <br />maintenance agreement(s) between itself and the other jurisdictional Agency or Agencies <br />providing for the operation, maintenance, ownership and liability of PROJECT. Until those <br />agreements are executed, ADMINISTERING AGENCY will be responsible for all PROJECT <br />operations, maintenance, ownership and liability in a manner satisfactory to the authorized <br />representatives of STATE and FHWA. If, within ninety (90) days after receipt of notice from <br />STATE that a PROJECT, or any portion thereof, is not being properly operated and maintained <br />and ADMINISTERING AGENCY has not satisfactorily remedied the conditions complained of, the <br />approval of future federal-aid projects of ADMINISTERING AGENCY will be withheld until the <br />PROJECT shall have been put in a condition of operation and maintenance satisfactory to STATE <br />and FHWA. The provisions of this section shall not apply to a PROJECT that has been vacated <br />through due process of law with STATE's concurrence. <br /> <br />3. PROJECT and its facilities shall be maintained by an adequate and well-trained staff of <br />engineers and/or such other professionals and technicians as PROJECT reasonably requires. <br />Said operations and maintenance staff may be employees of ADMINISTERING AGENCY, another <br />unit of government, or a contractor under agreement with ADMINISTERING AGENCY. All <br />maintenance will be performed at regular intervals or as required for efficient operation of the <br />complete PROJECT improvements. <br /> <br />Page 7 of 26 <br />