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v <br />1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />3.),.That neither CITY, nor any officer or employee thereof, <br />is responsible for any damage or liability occurring by reason of <br />anything done or omitted to be done by STATE under or in connection <br />with any work, authority or jurisdiction not delegated to CITY <br />under this Agreement. It is also understood. and agreed that, <br />pursuant to Government Code Section 895.4, STATE shall fully <br />indemnify and hold CITY harmless from any liability imposed for <br />injury (as defined by Government Code Section 810.8) occurring by <br />reason of anything done or omitted to be done by STATE under or inIj <br />connection with any work, authority or jurisdiction not delegated <br />to CITY under this Agreement. <br />i <br />4.) That should CITY finance any portion of the project with; <br />Federal Funds or State Gas Tax Funds, all applicable procedures <br />and policies relating to the use of such funds shall apply, <br />notwithstanding other provisions of this Agreement. <br />C <br />5.) That the term "rights of way" as used throughout this <br />Agreement shall be deemed to mean "all right, title and interest" <br />and that acquisition and conveyance thereof shall be deemed to <br />mean acquisition and conveyance of "all right, title and interest".j <br />6.) That STATE's scheduling of this project for bid <br />advertisement shall be contingent upon CITY's acquisition of all <br />i <br />additional rights of way necessary for aforesaid improvements <br />i <br />being certified prior to such advertisement as defined hereinbefore <br />in Section II, Article (3). <br />I <br />7.) That details delineated on attached Exhibit "A" are not i <br />conclusive and in no way shall be construed to indicate the final <br />product of work to be accomplished pursuant to this Agreement. <br />-8 <br />