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• <br />April 16, 1990 <br />E. LEGAL RELATIONS AND RESPONSIBILITIES: <br />Nothing in the provisions of this Agreement is intended to <br />create duties or obligations to or rights in third parties not <br />parties to this contract or affect the legal liability of either <br />party to the contract by imposing any standard of care respecting <br />the maintenance of State highways different from the standard of <br />care imposed by law. <br />It is understood and agreed that neither STATE nor any officer <br />or employee thereof is responsible for any damage or liability <br />occurring by reason of anything done or omitted to be done by the <br />CITY under or in connection with any work, authority or <br />jurisdiction delegated to the CITY under this Agreement. It is <br />understood and agreed that, pursuant to Government Code Section <br />895.4 CITY shall defend, indemnify and save harmless the State of <br />California, all officers and employees from all claims, suits or <br />actions of every name, kind and description brought for or on <br />account of injuries to or death of any person or damage to property <br />resulting from anything done or omitted to be done by the CITY <br />under or in connection with any work, authority or jurisdiction <br />delegated to the CITY under this Agreement. <br />It is understood and agreed that neither CITY nor any officer <br />or employee thereof, is responsible for any damage or liability <br />occurring by reason of anything done or omitted to be done by the <br />STATE under or in connection with any work, authority or <br />jurisdiction delegated to the STATE under this Agreement. It is <br />understood and agreed that pursuant to Government Code Section <br />895.4 STATE shall defend, indemnify and save harmless the CITY, all <br />officers and employees from all claims, suits or actions of every <br />name, kind and description brought for or on account of injuries to <br />or death of any person or damage to property resulting from <br />anything done or omitted to be done by STATE under or in connection <br />with any work, authority or jurisdiction delegated to the STATE <br />under this Agreement. <br />F. MAINTENANCE FUNCTIONS: <br />The CITY shall perform only those maintenance functions <br />delegated, as identified, in Section H (DELEGATION OF MAINTENANCE) <br />of this Agreement. <br />A brief description of those maintenance functions delegated <br />to the CITY are included in this section. The functions are <br />identified by the Caltrans HM Families (Program) Codes. <br />-3- <br />