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<br />. <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />.~ <br /> <br />e <br /> <br />e <br /> <br />has the right to continuous inspection of the construction of <br />the overpass bridge and to raise any question concerning the <br />construction contractor's adherence to the plans and specifications, <br />but the decision of the Engineers as to compliance with the plans <br />and specifications by the contractor shall be final. Any expense <br />incurred by City in the approval of the plans and specifications <br />or in conducting any construction inspection shall be borne by City, <br />but any and all other items of cost and expense, direct or indirect, <br />made necessary in order to accomplish the construction of such <br />bridge overpass shall be the sole obligation of and shall be <br />borne by Southern Pacific. without limiting the generality of <br />the foregoing, it is specially agreed that any litigation against <br />the City or any litigation necessary to be conducted in the name <br />of the City shall be defended or prosecuted at the sole cost and <br />expense of Southern Pacific and by attorneys retained by Southern <br />Pacific; but City agrees to cooperate in the defense of any suit <br />instituted against either the City or Southern Pacific or both <br />in connection with this construction project and agrees to cause <br />the institution by the City of any proceeding or suit necessary for <br />the proper completion of the project. The engineering fees of <br />Turner, Collie & Braden, Inc. arising out of that firm's engineering <br />contract with City shall be paid directly by Southern Pacific; and <br />the general contractor's or other construction contractors' <br />estimates or estimates or statements billed and sent to City, <br />shall be immediately presented by City to Southern Pacific and <br />paid by Southern Pacific. Southern Pacific specially agrees <br />to indemnify and hold City fully harmless against any and all <br />claims, loss, cost, expense, liability or obligation, direct <br />or indirect, arising out of or connected with any of such fees, <br />estimates or bills, as well as any and all other claims, loss, <br />cost, expense, liability or obligation, direct or indirect, <br />otherwise arising out of or connected with such bri~ge overpass <br /> <br />-3- <br />