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lb <br />1 To operate the proposed CITY traffic control signal <br />2 system at the intersection of Springlake Drive and Hesperian <br />3 Boulevard so as to provide favorable operation of the proposed <br />4 State Highway Route 238 westbound off -ramp to Hesperian Boulevard <br />5 via Springlake Drive and that, should future undesirable ramp <br />6 congestion develop, CITY will adjust operation of said traffic <br />7 control signal system to provide desirable off -ramp operation. <br />8 9.) To bear the entire expense incurred by STATE, if any, <br />9 for the removal and/or relocation of all utilities which could <br />10 <br />conflict with the aforesaid construction, in accordance with <br />11 applicable laws or Master Contracts in effect with the respective <br />12 utility owners. <br />13 SECTION III <br />14 IT IS MUTUALLY UNDERSTOOD AND AGREED: <br />15 1.) That obligations of STATE under terms of this Agreement <br />16 <br />are subject to the allocation of funds by the California Highway <br />I <br />17 Commission. <br />18 2.) That neither STATE, nor any officer or employee thereof,i <br />i <br />19 shall be responsible for any damage or liability occurring by I <br />20 reason of anything done or omitted.to be done by CITY under or in <br />21 connection with any work, authority or jurisdiction delegated to I <br />22 CITY under this Agreement. It is .also understood and agreed that,i <br />23 pursuant to Government Code Section 895.4, CITY shall fully <br />24 indemnify and hold STATE harmless from any liability imposed for <br />25 injury (as defined by Government Code Section 810.8) occurring by I <br />26 <br />reason of anything done or omitted to be done by CITY under or in <br />17 connection with any work, authority or jurisdiction delegated to <br />'3 CITY under this Agreement. <br />-7- <br />