Laserfiche WebLink
Ala 580 PM 33.5/34.6 <br />4. SOUNDWALLS AND RETAINING WALLS <br />Responsibility for debris removal, cleaning and painting to keep CITY side of any <br />sound wall or retaining wall structures as identified in the attached Exhibit A free of <br />debris, dirt and graffiti shall not lie with STATE but will lie with CITY. <br />5. LANDSCAPED AREAS <br />Responsibility for the maintenance of any plantings or other types of roadside <br />development lying outside of the area reserved for exclusive freeway use shall lie with <br />CITY and not with STATE. <br />6. LEGAL RELATIONS AND RESPONSIBILITIES: <br />A. Nothing within 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 to affect <br />the legal liability of a PARTY to the Agreement by imposing any standard of care <br />with respect to the operation and maintenance of STATE highways and local <br />facilities different from the standard of care imposed by law. <br />B. 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 <br />by, 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 shall fully defend, indemnify and save harmless CITY and all of their <br />officers and employees from all claims, suits or actions of every name, kind and <br />description brought forth under, including, but not limited to, tortious, <br />contractual, inverse condemnation or other theories or assertions of liability <br />occurring by reason of anything done or omitted to be done by STATE under this <br />Agreement. <br />C. 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 to <br />be done by CITY under or in connection with any work, authority or <br />jurisdiction conferred upon CITY or arising under this Agreement. It is <br />understood and agreed that CITY shall fully defend, indemnify and save <br />harmless STATE and all of its officers and employees from all claims, suits or <br />actions of every name, kind and description brought forth under, including, but <br />not limited to, tortious, contractual, inverse condemnation or other theories or <br />assertions of liability occurring by reason of anything done or omitted to be <br />done by CITY under this Agreement. <br />2 <br />