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1205246SV.doc September 20,2012 Page 4 of 5 Pedestrian walkways and canopies within State right of way shall comply with the requirements of the applicable local agency or the latest edition of the Uniform Building Code; whichever contains the higher standards. This permit is not valid until Permittee has obtained permission from adjacent property owners, Irrigation Districts, Cities, Counties or other interested parties to perform the proposed work. All above ground structures or utility facilities within the State Highway right of way, including but not limited to utility poles, cabinets conduits, enclosures, temporary signs, temporary/permanent fences, and etc...shall be placed outside the clear recovery zone (CRZ), e.g. 20' from edge of traveled way or 2' from face of curb. Any accident caused or aggravated by any of these facilities if within the CRZ shall be the responsibility of the Permittee. Permittee shall indemnify and hold harmless the State, its officers, and employees from any and all claims suits of actions brought forth, or on account of injuries from the accident. Except when necessary, as detennined by the State Representative, no access, installation, construction equipment, or personal vehicles shall operate from or park within any portion of the freeway right of way. All work shall be conducted in such a manner that the earth, materials and equipment will not cause any inconvenience to the highway traffic or to traffic entering the highway from any public or private approach. No earth or materials are to be dragged or scraped across the highway pavement, and no excavated earth shall be placed or allowed to remain at a location where it can be tracked onto the highway traveled way or any public or private approach by the Permittee's construction equipment, or by traffic entering or leaving the highway traveled way. Any earth or mud so tracked onto the highway pavement or public or private approach shall be immediately removed by the Permittee. The Permittee shall indemnify and save harmless the State of California and all officers and employees thereof connected with the work or activity authorized by this permit, including but not limited to the Director and the Engineer, from all claims, suits or actions of every name, kind, and description, brought forth, or on account of, injuries to or death of any person including but not limited to workmen or participants and the public, or damage to property resulting from the performance of the activity authorized by the permit, except as otherwise provided by statute. The duty of the Permittee to indemnify and save harmless includes the duties to defend as set forth in Section 2778 of the Civil Code. It is the intent of the parties that the Permittee will indemnify and hold hannless the State, its officers and employees from any and all claims, suits of actions as set forth above regardless of the existence or degree of fault or negligence on the part of the State, the Pennittee, the employee or volunteer of any of these, other than in the active negligence of the State, its officers, and employees. Permittee shall fully conform to the requirements of the Caltrans statewide NPDES Storm Water Permit, Order No. 99-06-DWQ, NPDES No. CAS000003, adopted by the State Water Resources Control Board on July 15, 1999. The Pennittee shall also confonm to the requirements of the General NPDES Permit for construction Activities and any subsequent 4