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`t• -' <br />1 (5} Prior to the award of the contract for the <br />2 PROJECT, CITY may terminate this Agreement in writing, provided <br />3 that CITY pays STATE for all costs incurred by STATE. <br />~ (6) STATE's obligation under this agreement sha1;L <br />5 terminate upon completion and acceptance of PROJECT by STATE and.. <br />6 CITY or on December 31, 1985, whichever is earlier in time; <br />7 owever, the ownership and maintenance clauses shall remain in <br />8 ffect until terminated in writing by mutual agreement. <br />9 (7) STATE shall not award a contract for the wort: <br />10 ntil after receipt of CITY's deposit required in Section II, <br />11 rticle (3). <br />12 (8) In the construction of said work, STATE will <br />13 urnish a representative to perform the usual functions of a <br />1'4' esident Engineer, and CITY may, at no cost to STATE, furnish a <br />15 epresentative, if it so desires; said representative and Reside~~t <br />1~ ngineer will cooperate and consult with each other, but the <br />17 ecisions of STATE's engineer shall. prevail. <br />18 (9) Neither STATE nor any officer or employee <br />19 hereof shall be responsible for any damage or liability occurri~~g <br />20 y reason of anything done or omitted to be done by CITY under o:• <br />21 'n connection with any work, authority or jurisdiction delegated <br />22 o CITY under this Agreement. It is also agreed that, pursuant ::o <br />23 overnment Code Section 895.4, CITY shall fully indemnify and hold <br />2~ TATE harmless from any liability imposed for injury (as defined <br />25 y Government Code Section 810.8) occurring by reason of anythin.~ <br /> -7- <br /> <br />