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<br />A G R E E MEN T <br /> <br />e <br /> <br />1i <br /> <br />'- <br /> <br />NOH, therefore, in consideration of the premises and of the mutual <br /> <br />covenants and agreements of the parties hereto to be by them respectively <br /> <br />kept and performed as hereinafter set forth, it is agreed as follows: <br /> <br />1. The State will leave the highway traffic signal(s) in place at the <br /> <br />location(s) sho~vn on EXHIBIT 1. <br /> <br />-:1 <br />2. The City will operate and maintain the signal(s) at their expense. <br /> <br />3. The City will pay all power costs for operating the signal(s). <br /> <br />4. The City will obtain written approval of the State Department of <br /> <br />High~.,ays and Public Transportation before making any changes in the design <br /> <br />of operation and timing of the signal(s) or before removing any part of the <br /> <br />installation(s). <br /> <br />5. The City will return any and all parts of said highway traffic signal <br /> <br />installation(s) to the State should (they) be removed by the City for any <br /> <br />reason other than for installation on a State or Federal numbered highway <br /> <br />route at a location approved by the State. <br /> <br />6. In the event the signal installation(s) covered by this Agreement <br /> <br />become unnecessary or (are) removed for any reason, this agreement shall terminate. <br /> <br />7. Indemnification. <br /> <br />The City agrees to indemnify the State against any and all damages <br /> <br />and claims for damages to adjoining, abutting or other property for which the <br /> <br />State is or may be liable arising out of, incident to or in any way connected <br /> <br />with the existence or the use of such signal installation(s) and does hereby <br /> <br />agree to indemnify the State against any and all court costs, attorney's fees <br /> <br />and all expenses in connection ~.,ith suits for such damage and shall, if <br /> <br />requested to do so in ~o/riting" assist or relieve the State from defending any <br /> <br />such suits brought against it. <br /> <br />AGREEMENT (TRAFFIC SIGNAL - TYPE 3A MOD. ) 2-4 <br /> <br />6-82 <br />