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04-Ala 680 PM 16.56 <br /> 5. STATE agrees to do the following: <br /> 5.1. May provide CITY with timely written notice of unsatisfactory <br /> conditions that require correction by the CITY. However, the non- <br /> receipt of notice does not excuse CITY from maintenance <br /> responsibilities assumed under this Agreement. <br /> 5.2. Issue encroachment permits to CITY and CITY contractors. <br /> 5.3. STATE may perform maintenance activities in the area of the <br /> MONUMENT that are normally associated with the transportation <br /> facility or right-of-way, but will not provide maintenance of the <br /> Monument itself. <br /> 6. LEGAL RELATIONS AND RESPONSIBILITIES_ <br /> 6.1. Nothing within the provisions of this Agreement is intended to create <br /> duties or obligations to or rights in third PARTIES not PARTIES to this <br /> Agreement, or affect the legal liability of either PARTY to this <br /> Agreement by imposing any standard of care respecting the design, <br /> construction and maintenance of these STATE highway improvements <br /> or CITY facilities different from the standard of care imposed by law. <br /> 6.2. Neither STATE nor any officer or employee thereof is responsible for <br /> any injury, damage or liability occurring by reason of anything done or <br /> omitted to be done by CITY under or in connection with any work, <br /> authority or jurisdiction arising under this Agreement. It is understood <br /> and agreed that CITY shall fully defend, indemnify and save harmless <br /> STATE and all of its officers and employees from all claims, suits or <br /> actions of every name, kind and description brought forth under, <br /> including,but not limited to,tortious,contractual,inverse condemnation <br /> or other theories or, assertions of liability occurring by reason of <br /> anything done or omitted to be done by CITY under this Agreement. <br /> 7. PREVAILING WAGES: <br /> 7.1. Labor Code Compliance- If the work performed on this Project is done <br /> under contract and falls within the Labor Code section 1720(a)(1) <br /> definition of a "public work" in that it is construction, alteration, <br /> demolition, installation, or repair; or maintenance work under Labor <br /> Code section 1771.CITY must conform to the provisions of Labor Code <br /> sections 1720 through 1815, and all applicable provisions of California <br /> Code of Regulations found in Title 8,Chapter 8, Subchapter 3,Articles <br /> 1-7. CITY agrees to include prevailing wage requirements in its <br /> 4 <br />