Laserfiche WebLink
DISTRICT AGREEMENT <br />12-522 <br />17. STATE will prepare the revised Freeway Agreement and obtain approval for the new <br />public road connection(s) from the CTC. CITY will prepare the necessary exhibits to <br />complete the revised Freeway Agreement. <br />18. Nothing in the provisions of this Agreement is intended to create duties or obligations <br />to or rights in third parties not party 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 the <br />development or design of State Highways and public facilities different from the <br />standard of care imposed by law. <br />19. 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 by <br />CITY under or in connection with any work, authority or jurisdiction conferred upon <br />CITY or arising under this Agreement. It is understood and agreed that CITY will <br />fully defend, indemnify and save harmless STATE and all its officers and employees <br />from any and all claims, suits, or actions of every name, kind and description brought <br />forth under, including, but not limited to, tortious, contractual, inverse condemnation, <br />or other theories or assertions of liability occurring by reason of anything done or <br />omitted to be done by CITY under this Agreement. <br />20. Neither CITY 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 by <br />STATE under or in connection with any work, authority or jurisdiction conferred <br />upon STATE or arising under this Agreement. It is understood and agreed that <br />STATE will fully defend, indemnify and save harmless CITY and all its officers and <br />employees from any and all claims, suits, or actions of every name, kind and <br />description brought forth under, including, but not limited to, tortious, contractual, <br />inverse condemnation, or other theories or assertions of liability occurring by reason <br />of anything done or omitted to be done by STATE under this Agreement. <br />21. This Agreement may be terminated or provisions contained herein may be altered, <br />changed, or amended by mutual consent of the parties hereto. <br />22. No alteration or variation of the terms of this Agreement shall be valid unless made <br />by a formal amendment executed by the parties hereto and no oral understanding or <br />agreement not incorporated herein shall be binding on any of the parties hereto. <br />23. Except as otherwise provided in Article 16 above, this Agreement shall terminate <br />upon satisfactory completion of all post-PROJECT construction obligations of CITY <br />and the delivery of required PROJECT construction documents, with concurrence of <br />STATE, or on December 31, 2015, whichever is earlier in time, except that the <br />ownership, operation, maintenance, indemnification, environmental commitments, <br />legal challenges, and claims articles shall remain in effect until terminated or <br />modified, in writing, by mutual agreement. Should any construction related or other <br />claims arising out of PROJECT be asserted against one of the parties, the parties <br />agree to extend the fixed termination date of this Agreement, until such time as the <br />construction related or other claims are settled, dismissed or paid.. <br />25D-12 <br />