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1 <br />2 <br />3 <br />5 <br />6 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />l~# <br />15 <br />16 <br />17 <br />1$ <br />19 <br />20 <br />21 <br />22 <br />23 <br />2~ <br />25 <br />~ C D802 I <br />(8) Priar to .award of .the construction contract for t:h <br />PROJECT, CITY may terminate this agreement in writing, provided <br />.that CITY pays STATE for all costs incurred by STATE. <br />(9) STATE shall not award a contract for the work until <br />after receipt of CITY's deposit required in Section TI, <br />Article {3). <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 />representative, if it so desires; said representative and Residc:~t <br />Engineer will cooperate and consult with each other, but the <br />decisions of BTATE's engineer shall prevail. <br />(11) Upon completion of all work under this agreemer_t, <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 agreement will be necessry to transfer <br />ownership as hereinabove stated .. <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 i.n <br />connection with any work, authority or jurisdiction delegated tc <br />CITY under this agreement. It is also agreed that, pursuant to <br />Government Code Section 895.4, CITY shall fully indemnify and hr,ad <br />-7- <br />