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~lst. Agmt- No. 4-0975-C <br /> <br />of the aforesaid Hopyard Road-Dougherty Road overcrossing <br />structure, as constructed, and to perform such work as may be <br />necessary to ensure an impervious and/or otherwise suitable <br />surface and to maintain all portions of the structure above the <br />bridge deck, including lighting installations and protective <br />screening, if any, as well as all portions of reconstructed CITY <br />streets and all traffic control facilities that may be required <br />for the benefit or control of CITY street traffic and make no <br />claim against STATE for any portion of such maintenance expense. <br /> <br /> SECTION III <br /> <br />IT IS MUTUALLY AGREED AS FOLLOWS: <br /> <br /> (1) All obligations of STATE under the terms of this <br />agreement are subject to the appropriation of resources by the <br /> <br />Legislature and the allocation of resources by the California <br />Transportation Commission ![~!~ .... ~ f ' :"~ " <br /> <br /> (2) STATE shall not award a contract for the work <br />until after receipt of CITY's deposits required in Section II, <br />Articles 3 and 4. <br /> <br /> (3) Should any portion of PROJECT be financed with <br /> Federal funds or State gas tax funds all applicable procedures <br /> <br /> -8- <br /> <br /> <br />