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4CD802 <br /> <br /> 1 <br /> <br /> 3 <br /> <br /> 4 <br /> <br /> 5 <br /> <br /> 6 <br /> <br /> 7 <br /> <br /> 8 <br /> <br /> 9 <br /> <br /> 10 <br /> <br /> 11 <br /> <br />~3 <br /> <br />~5 <br /> <br />~6 <br /> <br />~7 <br /> <br />~8 <br /> <br />~9 <br /> <br /> PO <br /> <br />~3 <br /> <br />~4 <br /> <br />~5 <br /> <br /> (8) Prior to award of <br /> <br /> PROJECT, CITY may terminate this <br /> <br /> that CITY pays STATE for all costs incurred by STATE. <br /> <br /> (9) STATE shall not award a contract for the work until <br /> after receipt of CITY's deposit required in Section II, <br /> Article (3). <br /> <br /> (10) In the construction of said work, STATE will <br /> furnish a representative to perform the usual functions of a <br /> Resident Engineer, and CITY may, at no cost to STATE, furnish a <br /> <br />!representative, if it so desires; said representative and Resident <br /> Engineer will coop'erate and consult with each other, but the <br /> decisions of STATE's engineer shall prevail. <br /> <br /> (11) Upon completion of all work under this agreement, <br /> ownership and title to all materials, equipment and appurtenances <br /> installed within STATE's right of way will automatically be vested <br /> in the STATE, and all materials, equipment and appurtenances <br /> installed outside of STATE's right of way will be vested in the <br /> CITY, and no further agreemeUt will be necessry to transfer <br /> ownership as hereinabove stated. <br /> <br /> (12) Neither STATE nor any officer or employee thereof <br />shall be responsible for any damage or liability occurring by <br />reason of anything done or omitted to be done by CITY under or in <br />connection with any work, authority or jurisdiction delegated to <br />CITY under this agreement. It is also agreed that, pursuant to <br />Government Code Section 895.4, CITY shall fully indemnify and hold <br /> <br /> -7- <br /> <br />the construction Contract for the <br />agreement in writing, provided <br /> <br /> <br />