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10005 04/03/2003 15:31 FAX 209 94806?' v v . . p30115�v.doe AO,a 3,2003 Pop 4 oto 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 partieiplwts and the public, or damage to property resulting fiom 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 harmless 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 Pemrittee,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. 9946-DWQ,NPDES No. CAS000003, adopted by the State Water Resources Control Board on July 15, 1999. The Permittee shall also conform to the requirements of the General NPDES Permit for construction Activities and any subsequent General Permit m effect at the time of issuance of this Encroachment Permit. These permits regulate storm water discharges associated with year-round construction or special event encroachment activities. For all projects of 1 acres or more the Permittee shall develop, implement, and maiatain a Storm Water Pollution Plan (SWPPP) and for projects less than 1 acres a Water Pollution Control Program (WPCP)- Either the Plan or Program shall also conform to the requirements of the Caltrans Stones Water Quality Handbook, Construction Contractor's Guide and Specifications and Caltrans Specification Section 7-1-.010 and subsequent revisions- 4