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AgdaPkt 2003-06-23
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AgdaPkt 2003-06-23
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Last modified
6/2/2011 2:45:19 PM
Creation date
6/19/2003 1:23:43 PM
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Agency Type
City Council
Date
6/23/2003
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District Agreement No. 4- 1964 -C <br />4.1 L- I' <br />27. The cost of any engineering or maintenance referred to herein in this Agreement shall <br />include all direct and indirect costs (functional and administrative overhead assessment) <br />attributable to such work_ applied in accordance with STATE's standard accounting <br />procedures. <br />28. Upon completion of all work under this Agreement, ownership and title to materials, <br />equipment and appurtenances installed within STATE's right of way will automatically be <br />vested in STATE, and materials, equipment and appurtenances installed outside of <br />STATE's right of way will automatically be vested in CITY. No further agreement will be <br />necessary to transfer ownership as hereinabove stated. <br />29. Nothing in the provisions of this Agreement is intended to create duties or obligations to or <br />rights in third parties not parties to this Agreement or affect the legal liability of either <br />party to the Agreement by imposing any standard of care with respect to the maintenance <br />of State highways different from the standard of care imposed by law. <br />30. Neither STATE nor any officer or employee thereof is responsible for any damage or liability <br />occurring by reason of anything done or omitted to be done by CITY under or in connection <br />with any work, authority or jurisdiction delegated to CITY under this Agreement. It is <br />understood and agreed that, pursuant to Government Code Section 89 5.4, CITY. shall fully <br />defend, indemnify and save harmless the State of California, all officers and employees <br />from all claims, suits or actions of every name, kind and description brought for or on <br />account of injury (as defined in Government Code Section 810.8) occurring by reason of <br />anything done or omitted to be done by CITY under or in connection with any work, <br />authority or jurisdiction delegated to CITY under this Agreement. <br />31. Neither CITY nor any officer or employee thereof is responsible for any damage or liability <br />occurring by reason of anything done or omitted to be done by STATE under or in <br />connection with any work, authority or jurisdiction delegated to STATE under this <br />Agreement. It is understood and agreed that, pursuant to Government Code Section <br />895.4, STATE shall defend, indemnify and save harmless CITY from all claims, suits or <br />actions of every name, kind and description brought for or on account of injury (as defined <br />in Government Code Section 810.8) occurring by reason of anything done or omitted to be <br />done by STATE under or in connection with any work, authority or jurisdiction delegated <br />to STATE under this Agreement. <br />11 <br />
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