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04 -Ala 580 PM 19.74/20.02 <br /> improvements or CITY facilities different from the standard of care imposed by <br /> law. <br /> b) If during the term of this Agreement, CITY should cease to MAINTAIN the <br /> LANDSCAPING to the satisfaction of STATE as provided by this Agreement, <br /> STATE may either undertake to perform that MAINTENANCE on behalf of CITY <br /> at CITY's expense or direct CITY to remove or itself remove LANDSCAPING at <br /> CITY's sole expense and restore STATE's right of way to its prior or a safe <br /> operable condition. The CITY hereby agrees to pay said STATE expenses, within <br /> thirty (30) days of receipt of billing by STATE. However, prior to STATE <br /> performing any MAINTENANCE or removing LANDSCAPING STATE will <br /> provide written notice to CITY to cure the default and CITY will have thirty (30) <br /> days within which to effect that cure. <br /> c) 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 by <br /> STATE under or in connection with any work, authority or jurisdiction arising <br /> under this Agreement. It is understood and agreed that STATE shall fully defend, <br /> indemnify and save harmless the CITY and all of its officers and employees from <br /> all claims, suits or actions of every name, kind and description brought forth under, <br /> including, but not limited to, tortious, contractual, inverse condemnation and other <br /> theories or assertions of liability occurring by reason of anything done or omitted to <br /> be done by STATE under this Agreement with the exception of those actions of <br /> STATE necessary to cure a noticed default on the part of CITY. <br /> d) Neither STATE 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 by <br /> CITY under or in connection with any work, authority or jurisdiction arising under <br /> this Agreement. It is understood and agreed that CITY shall fully defend, <br /> indemnify and save harmless STATE and all of its officers and employees from all <br /> claims, suits or actions of every name, kind and description brought forth under, <br /> including, but not limited to, tortious, contractual, inverse condemnation or other <br /> theories or assertions of liability occurring by reason of anything done or omitted to <br /> be done by CITY under this Agreement. <br /> e) Prevailing Wage Requirements: Labor Code Compliance: <br /> If the work performed on this Project is done under contract and falls within the <br /> Labor Code section 1720(a)(1) definition of a "public work" in that it is <br /> construction, alteration, demolition, installation, repair or maintenance CITY must <br /> conform to the provisions of Labor Code sections 1720 through 1815, all applicable <br /> regulations and coverage determinations issued by the Director of Industrial <br /> Relations. CITY agrees to include prevailing wage requirements in its contracts for <br /> public work. Work performed by CITY's own forces is exempt from the Labor <br /> Code's Prevailing Wage requirements. <br /> I) Prevailing Wage Requirements in Subcontracts <br /> CITY shall require its contractors to include prevailing wage requirements in all <br /> subcontracts funded by this Agreement when the work to be performed by the <br /> 4 <br />