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04-Ala 580 PM R21.3/21.9 Section III STATE agrees to do the following: a) May provide CITY with timely written notice of unsatisfactory conditions that require correction by the CITY. however, the non-receipt of notice does not excuse CITY from maintenance responsibilities assumed under this Agreement. b) Issue encroachment permits to CITY and CITY contractors at no cost to them. c) Reserves its right to use all areas within STATE's right of way, including LANDSCAPING, for future construction, reconstruction, expansion, modification, or maintenance purposes without restriction. Section IV Legal Relations and Rpponsibilities: a) Nothing within the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not patties to this Agreement, or affect the legal liability of either PARTY to this Agreement by imposing any standard of care respecting the design, construction and maintenance of these STATE highway improvements or CffY facilities different from the standard of care imposed by law. b) If during the term of this Agreement, CITY should cease to MAINTAIN the LANDSCAPING to the satisfaction of STATE as provided by this Agreement, STATE may either undertake to perform that MAINTENANCE on behalf of CITY at CITY's expense or direct CITY to remove or itself remove LANDSCAPING at CITY's sole expense and restore STATE's right of way to its prior or a safe operable condition. CffY hereby agrees to pay said STATE expenses, within thirty (30) days of receipt of billing by STATE. However, prior to STATE performing any MAINTENANCE or removing LANDSCAPING, STATE will provide written notice to CITY to cure the default and CITY will have thirty (30) days within which to effect that cure. c) Neither CITY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction arising under this Agreement. It is understood and agreed that STATE shall filly defend, indemnify and save harmless CITY and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to 4