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<br /> The duty of the permittee to indemnify and save harmless includes the The gifting of public property use and therefore public hinds is
<br /> duties to defend as set forth in Section 2778 of the Civil Code. The prohibited under the California Constitution,Article 16.
<br /> permittee waives any and all rights to any type of expressed or
<br /> implied indemnity against the State,its officers,employees,and State 34. FIELD WORK REIMBURSEMENT: Permittee shall reimburse
<br /> contractors. It is the intent of the parties that the permittee will State for field work performed on permittee's behalf to correct or
<br /> indemnify and hold harmless the State, its officers, employees, and remedy hazards or damaged facilities,or clear debris not attended to
<br /> State's contractors, from any and all claims, suits or actions as set by the permittee.
<br /> forth above regardless of the existence or degree of fault or
<br /> negligence, whether active or passive, primary or secondary,on the 35. NOTIFICATION OF DEPARTMENT AND TNTC:The permittee
<br /> part of the State,the permittee,persons employed by the permittee,or shall notify the Department's representative and the Transportation
<br /> acting on behalf of the permittee. Management Center (TMC) at least 7 days before initiating a lane
<br /> closure or conducting an activity that may cause a traffic impact. A
<br /> For the purpose of this section, "State's contractors" shall include confirmation notification should occur 3 days before closure or other
<br /> contractors and their subcontractors under contract to the State of potential traffic impacts.In emergency situations when the corrective
<br /> California performing work within the limits of this permit. work or the emergency itself may affect traffic, TMC and the
<br /> Department's representative shall be notified as soon as possible.
<br /> 29. NO PRECEDENT ESTABLISHED:This permit is issued with the
<br /> understanding that it does not establish a precedent. 36. SUSPENSION OF TRAFFIC CONTROL OPERATION: The
<br /> permittee,upon notification by the Department's representative,shall
<br /> 30. FEDERAL CIVIL RIGHTS REQUIREMENTS FOR PUBLIC immediately suspend all lane closure operations and any operation
<br /> ACCOMMODATION: that impedes the Flow of traffic. All costs associated with this
<br /> A. The permittee,for himself,his personal representative,successors suspension shall be borne by the permittee.
<br /> in interest,and assigns as part of the consideration hereof,does hereby
<br /> covenant and agree that: 37. UNDERGROUND SERVICE ALERT (USA) NOTIFICATION:
<br /> 1.No person on the grounds of race,color,or national origin shall be Any excavation requires compliance with the provisions of
<br /> excluded from participation in, be denied the benefits of, or be Government Code Section 4216 et.seq.,including,but not limited to
<br /> otherwise subjected to discrimination in the use of said facilities. notice to a regional notification center,such as Underground Service
<br /> 2.That in connection with the construction of any improvements on Alert(USA).The permittee shall provide notification at least 48 hours
<br /> said lands and the furnishings of services thereon,no discrimination before performing any excavation work within the right of hvay.
<br /> shall be practiced in the selection and retention of first-tier
<br /> subcontractors in the selection of second-tier subcontractors.
<br /> 3,That such discrimination shall not be practiced against the public in
<br /> their access to and use of the facilities and services provided for
<br /> public accommodations(such as eating,sleeping,rest,recreation),and
<br /> operation on,over,or under the space of the right of way.
<br /> 4. That the permittee shall use the premises in compliance with all
<br /> other requirements imposed pursuant to Title 15, Code of Federal
<br /> Regulations,Commerce and Foreign Trade, Subtitle A.Office of the
<br /> Secretary of Commerce, Part 8 (15 C.F.R. Part 8) and as said
<br /> Regulations may be amended.
<br /> 5.That in tie event of breach of any of the above nondiscrimination
<br /> covenants,the State shall have the right to terminate the permit and to
<br /> re-enter and repossess said land and the land and the facilities thereon,
<br /> and hold the same as if said permit had never been made or issued.
<br /> 31. MAINTENANCE OF HIGHWAYS: The permittee agrees, by
<br /> acceptance of a permit,to properly maintain any encroachment.This
<br /> assurance requires the permittee to provide inspection and repair any
<br /> damage, at permittee's expense,to State facilities resulting from the
<br /> encroachment.
<br /> 32. SPECIAL EVENTS: In accordance with subdivision (a) of Streets
<br /> and Highways Code Section 682.5,the Department of Transportation
<br /> shall not be responsible for the conduct or operation of the permitted
<br /> activity, and the applicant agrees to defend_ indemnify, and hold
<br /> harmless the State and the city or county against any and all claims
<br /> arising out of any activity for which the permit is issued.
<br /> The permittee understands and agrees to comply with the obligations
<br /> of Titles 11 and III of the Americans with Disabilities Act of 1990 in
<br /> the conduct of the event, and further agrees to indemnify and save
<br /> harmless the State of California, ail officers and employees thereof,,
<br /> including but not limited to the Director of Transportation, from any
<br /> claims or liability arising out of or by virtue of said Act.
<br /> 33. PRIVATE USE OF RIGHT OF WAY:Highway right of way shall
<br /> not be used for private purposes without compensation to the State.
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