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04 -Ala 580 PM 19.74/20.02 All chemical spray operations shall be reported quarterly (form LAI 7) to the STATE to: the District 4 Maintenance at Landscape Specialist. This report must include Date, Time, Herbicide, Rate, and Quantity. k) To expeditiously repair any STATE facility damage caused by CITY'S LANDSCAPE including, but not limited to, damage caused by plants and plant roots and to reimburse LANDSCAPE presence and activities should STATE be required to cure a CITY default. 1) )To remove LANDSCAPING and appurtenances and restore STATE owned areas to a safe and attractive condition acceptable to STATE in the event this Agreement is terminated as set forth herein. m) To inspect LANDSCAPING on a regular monthly or weekly basis to ensure the safe operation and condition of the LANDSCAPING. n) To expeditiously MAINTAIN, replace, repair or remove from service any LANDSCAPING system component that has become unsafe or unsightly. o) To allow random inspection of LANDSCAPING, by a STATE representative. p) To keep the entire landscaped area policed and free of litter and deleterious material. q) All work by or on behalf of CITY will be done at no cost to STATE. Section III STATE agrees to do the following: a) May provide CITY with timely written notice of unsatisfactory conditions that require correction by the CITY. However, the non receipt of notice does not excuse CITY from maintenance responsibilities assumed under this Agreement. b) Issue encroachment permits to CITY and CITY's contractors at no cost to them. Section IV Legal Relations and Responsibilities: a) Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement, or affect the legal liability of either PARTY to this Agreement by imposing any standard of care respecting the design, construction and maintenance of these STATE highway 3