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STATE agrees to do the following: <br />Section II <br />a) Provide CITY with timely written notice of unsatisfactory conditions that <br />require correction by CITY. <br />b) Issue encroachment permits to CITY and CITY contractors at no cost to them. <br />Section III <br />Leal Relations and Responsibilities <br />a) Nothing in the provisions of this Agreement is intended to create duties or <br />obligations to or rights in third parties not parties to this Agreement, or affect <br />the legal liability of either PARTY to this Agreement by imposing any <br />standard of care respecting the design, construction and MAINTENANCE of <br />these STATE highway improvements or CITY facilities different from the <br />standard of care imposed bylaw. <br />b) If during the term of this Agreement, CITY should cease to MAINTAIN the <br />LANDSCAPING to the satisfaction of STATE as provided by this <br />Agreement, STATE shall direct CITY to remove or itself remove <br />LANDSCAPING at CITY's sole expense and restore STATE's right of way <br />to its prior or a safe operable condition. The CITY hereby agrees to pay said <br />STATE expenses within thirty (30) days of receipt of billing by STATE. <br />However, prior to STATE performing any MAINTENANCE or removing <br />LANDSCAPING, STATE will provide written notice to CITY to cure the <br />default and CITY will have thirty (30) days within which to affect that cure. <br />c) Neither CITY nor any officer or employee thereof is responsible for any <br />injury, damage or liability occurring by reason of anything done or omitted to <br />be done by STATE under or in connection with any work, authority or <br />jurisdiction arising under this Agreement. It is understood and agreed that <br />STATE shall fully defend, indemnify and save harmless the CITY and all of <br />its officers and employees from all claims, suits or actions of every name, <br />kind and description brought forth under, including, but not limited to, <br />tortious, contractual, inverse condemnation and other theories or assertions of <br />liability occumng by reason of anything done or omitted to be done by <br />STATE under this Agreement with the exception of those actions of STATE <br />necessary to cure a noticed default on the part of CITY. <br />d) Neither STATE nor any officer or employee thereof is responsible for any <br />injury, damage or liability occurring by reason of anything done or omitted <br />to be done by CITY under or in connection with any work, authority or <br />jurisdiction arising under this Agreement. It is understood and agreed that <br />CITY shall fully defend, indemnify and save harmless STATE and all of its <br />officers and employees from all claims, suits or actions of every name, kind <br />and description brought forth under, including, but not limited to, tortious, <br />contractual, inverse condemnation or other theories or assertions of liability <br />occumng by reason of anything done or omitted to be done by CITY under <br />this Agreement. <br />4 <br />