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CITY roadway surface and the structure that results from modifications to the roadway <br /> (except when said modifications are made by STATE). If the planned modifications will <br /> result in a reduction in the minimum clearance within the traveled way,an estimate of the <br /> clearance reduction must be provided to STATE's Transportation Permit Engineer prior <br /> to starting work. Upon completion of that work, a vertical clearance diagram will be <br /> furnished to STATE's Transportation Permit Engineer that shows revised minimum <br /> clearances for all affected movements of traffic, both at the edges of the traveled way and <br /> at points of minimum clearance within the traveled way. <br /> 8. WALLS AND COLUMNS — CITY is responsible for debris removal, cleaning, and painting <br /> to keep CITY's side of any wall structure or column free of debris,dirt, and graffiti. <br /> 9. LANDSCAPED AREAS -CITY is responsible for the maintenance of any plantings or other <br /> types of roadside development lying outside of the fenced right of way area reserved for <br /> exclusive freeway. <br /> 10. INTERCHANGE OPERATON-It is STATE's responsibility to provide efficient operation of <br /> freeway interchanges, including ramp connections to local streets and roads. <br /> 11. LEGAL RELATIONS AND RESPONSIBILITIES <br /> 11.1. Nothing within the provisions of this Agreement is intended to create duties or <br /> obligations to or rights in third parties not PARTIES to this Agreement or to affect the <br /> legal liability of a PARTY to the Agreement by imposing any standard of care with respect <br /> to the operation and maintenance of STATE highways and local facilities different from <br /> the standard of care imposed by law. <br /> 11.2.Neither CITY nor any officer or employee thereof is responsible for any injury, damage <br /> or liability occurring by reason of anything done or omitted to be done by STATE,under <br /> or in connection with any work, authority or jurisdiction conferred upon STATE arising <br /> under this Agreement. It is understood and agreed that STATE shall fully defend, <br /> indemnify and save harmless CITY and all of their officers and employees from all claims, <br /> suits or actions of every name, kind and description brought forth under, including, but <br /> not limited to,tortuous,contractual,inverse condemnation and other theories or assertions <br /> of liability occurring by reason of anything done or omitted to be done by STATE under <br /> this Agreement. <br /> 11.3.Neither STATE nor any officer or employee thereof is responsible for any injury,damage <br /> or liability occurring by reason of anything done or omitted to be done by CITY under or <br /> in connection with any work, authority or jurisdiction conferred upon CITY and arising <br /> under this Agreement. It is understood and agreed that CITY shall fully defend,indemnify <br /> and save harmless STATE and all of its officers and employees from all claims, suits or <br /> actions of every name,kind and description brought forth under,including,but not limited <br /> to,tortuous, contractual, inverse condemnation or other theories or assertions of liability <br /> occurring by reason of anything done or omitted to be done by CITY under this <br /> Agreement. <br />