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. 28. RESPONSIBILITY FOR DAMAGE: The Slate of California and all Permittee understands and agrees that it will comply with the obligetigli of, officers and cmployew thereof,including but not limited to the Director of Titles II and IIIofthe.Americans with Disabilities Act of 1990 in the Transportation and the Deputy Director, shall not be answerable or conduct of the event,and further agrees to indemnify and save harmless the accountable in any maruiir for injury to or death of any person, including State of California, all officers and employees thereof, including but net but not limited to the permittee, persons employed by the permittee, limited to the Director of Transportation, from any claims or liability persons acting in bd Wf,of the permittee,or for damage to property from arising out of or by virtue of mid Act. any cause.The permittee shall be responsible for any Lability imposed by - law and for injuries to or death of any person,including but not limited to 33. PRIVATE USE OF RIGHT OF WAY: Highway right of way shall not the permittee,persons employed by the permittee,persons acting in behalf be used for private purposes without compensation to the State.The gifting of the permiittee,or for damage to property arising out of work,or other of public property use and therefore public funds is prohibited under the activity permitted and done by the permittee under a permit,or Arising out California Constitution,Article 16. of the failure on the permittee's pari to perform his obligations under any - permit in respect to maintenance or any other obligations,or resulting from 34. FIELD WORK REIMBURSEMENT:Permittee shall reimburse Slate for defects or obstructions,or from any cause whatsoever during the progress field work performed on permittee's behalf to correct or remedy hazards or of the work, or other activity or at any subsequent time, work or other damaged facilities,or clear debris not attended to by the permittee. activity isbeing performed under the obligations provided by and contemplated by the permit. 35. NOTIFICATION OF DEPARTMENT AND TMC:The permittee shall notify the Department's representative and the Transportation Management The permittee shall indemnify and save harmless the State of California,all Center(TMC)at least 7 days before initiating a lane closure or conducting oRcas, employees, and State's contractors, thereof, including but not_ an activity thatmay cause a traffic impact. A confirmation notification limited to the Director of Transportation and the Deputy Director,from all should occur 3 days before closure or other potential traffic impacts. In claims,suits or actions of every risme,kind and description bought for or emergency situations when the corrective work or the emergency itself may on account of injuries to or death of any person,including but not limited to affect traffic,TMC and the Department's representative shall be notified as i the permittee,persons employed by the permittee,persons acting in behalf soon as possible. of the permittee and the public, or damage to property resulting from the r performance of work or other activity under the permit,or arising out of the 36. SUSPENSION OF TRAFFIC CONTROL OPERATION: The failure on the permittee's part to perform his obligations under any permit permimee, upon notification by the Department's representative, shall in respect to maintenance or any other obligations,or resulting from defects immediately suspend all lane closure operations and any operation that or obstructions, or from any cause whatsoever during the progress of the impedes the flow of traffic. All costs associated with this suspension shall work,or other activity or at any subsequent time,work or other activity is be borne by the permittee. being performed under the obligations provided by and contemplated by the permit,except as otherwise provided by statute. 37. UNDERGROUND SERVICE ALERT (USA)NOTIFICATION: Any The duty of the permittee to indemnify and save harmless includes the excavation requires compliance with the provisions of Government Code duties to defend as set forth in Section 2778 of the Civil Code. The Section 4216 et. seq., including, but not limited to notice to a regional Permittee waives any and all rights to any type of expressed or implied notification center, such as Underground Service Alert (USA} The wdemnity against the State,its officers,employees,and State contractors.It permittee shall provide notification at least 48 hours before performing any a the intent of the parties that the permittee will indemnify and hold excavation work within the right of way. harmless the State,its officers,employees,and State's cantractors,from any and all claims,suits or actions w set forth above regardless of the existence or degree of fault or negligence, whether active or passive, primary or secondary,on the part of the State,the permittee,persons employed by the permittee,or acting on behalf of the permittee. For the purpose of this section, "State's contractors" shall include contractors and their wboontradors under contract to the State of - California performing work within the limits of this permit - 29. NO PRECEDENT ESTABLISHED: This permit is issued with the - - understanding that it does not establish a precedent. - - 30. FEDERAL CIVIL RIGHTS REQUIREMENTS FOR PUBLIC ACCOMMODATION: - - A. The permittee,for himself, his personal representative, mccessors in - interest, and assigns as pmt of the consideration hereof, does hereby covenant and agree that: - 1. No person on the grounds of race, color, or national origin shall be excluded from participation in,be denied the benefits o£ or be otherwise subjected to discrimination in the use of said facilities. - - 2.Thal in connection with the construction of any improvements on said lands and the furnishings of services thereon, no discrimination shall be practiced in the selection and retention of frrst4ier subcontractor: in the - selection of seoond-Ger subcontractors. - 3.That ouch discrimination shall not be practiced against the public in their - access; to and use of the facilities and services provided for public _ accommodations(mch as eating, sleeping rest,recreation),and operation 6n,over,or under the apace of the right of way. 4.That the permittee shall use the premises in compliance with all other requirements imposed pursuant to Title 15,Code of Federal Regulations, Commerce and Foreign Trade, Subtitle A. Office of the Secretary of Commerce, Par 8 (15 C.F.R. Part 8) and as said Regulations may be. amended. B. That in theevent of breach of any of the above nondiscrimination - covenants,the State shall have the right to terminate the permit and to re- enter and repossess; mid land and the land and the facilities thereon, and hold the same as if said permit had never been made or issued. 31.MAINTENANCE OF HIGIIWAYS:The permittee agrees,by acceptance of a permit, to properly maintain any encroachment This assurance ,-requires the pormittee to provide inspectiod and repair any damage, at - permittee's expense,to State facilities resulting from the encroachment. - 32. SPECIAL EVENTS: in Accordance with subdivision (a) of Streets and - Highways Code Section 682.5,the Department of Transportation shall not be responsible for the conduct or operation of the permitted activity,and - the applicant agrees to defend,indemnify,and hold hArmless the State and - - the arty or cowdy against any and all claims arising out of any activity for which the permit is issued., V