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-2- <br />MAINTENANCE DEFINED: <br />Maintenance is defined in Section 27 of the Streets <br />and Highways Code as follows: <br />Sec. 27. "(a) The preservation and keeping of rights -of -way, <br />and each type of roadway, structures, safety <br />convenience or device, planting, illumination <br />equipment and other facility, in the safe and <br />usable condition to which it has been improved <br />or constructed, but does not include recon- <br />struction or other improvement. <br />"(b) Operation of special safety convenience and <br />devices, and illuminating equipment. <br />"(c) The special or emergency maintenance or repair <br />necessitated by accidents or by storms or other <br />weather conditions, slides, settlements or other <br />unusual or unexpected damage to a roadway, <br />structure or facility." <br />NOW THEREFORE, IT IS AGREED: <br />1. When a planned future improvement has been constructed <br />and /or a minor revision has been effected within the limits of the <br />freeway herein described, which affects the division of maintenance, <br />the Department will provide a new dated and revised Exhibit "A ", <br />which is made a part hereof by this reference, which will supersede <br />the original exhibit and which will become part of this agreement. <br />