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EIGHT: The Permittee shall, when required by law, secure the written order or consent from all other
<br /> public agencies having jurisdiction over the proposed work.
<br /> NINE: The Permittee is responsible for all personal liability and property damage which may arise
<br /> out of failure on the Permittee's part to perform the obligations under this Permit. If any
<br /> claim of liability is made against the United States of America, the State of California, a local
<br /> District or the County of San Joaquin and the officers, agents or employees thereof, as a
<br /> result of Permittee's failure to perform the said obligations, the Permittee shall defend and
<br /> shall hold each of them harmless from each claim.
<br /> TEN: The Permittee shall exercise reasonable care to operate and maintain any work authorized
<br /> herein to preclude injury to or damage to any work necessary to any plan of flood control, or
<br /> interfere with the successful execution, functioning or operation of any plan of flood control.
<br /> ELEVEN: Should any of the work not conform to the Conditions of this Permit, the Permittee, upon
<br /> order by the authorized representative of the Department shall, in the manner prescribed by
<br /> the Department, be responsible for the cost and expense to remove, alter, relocate, or
<br /> reconstruct all or any part of the work herein approved.
<br /> TWELVE: Permittee acknowledges that the plan of flood control encompasses the real property,
<br /> which is the subject of this Permit, and agrees that the plan of flood control is of primary
<br /> importance to the health, safety, and welfare of residents within the environs of the real
<br /> property which is the subject of this Permit. Therefore, Permittee agrees that Permittee
<br /> shall, at the Permittee's sole cost and expense, remove, alter, relocate, or reconstruct all or
<br /> any part of the work herein approved, within 30 days after receiving written notice, and in the
<br /> manner prescribed thereby, should said work or any portion thereof not conform to the
<br /> provisions of this Permit, or should said work or any portion thereof be injurious to or
<br /> damage any work necessary to any plan of flood control of San Joaquin County or any
<br /> Federal or State agency or should it interfere with the successful execution, functioning, or
<br /> operation of any such plan of flood control, or should such removal, alteration, relocation, or
<br /> reconstruction be necessary under, or in conjunction with, any present or future flood control
<br /> plans for the area in which the work herein approved is to be accomplished, and in case
<br /> Permittee delays acting upon any such written notice of the Department, the Department
<br /> may proceed to perform the required work and the cost shall be paid by Permittee. In
<br /> executing this Application, Permittee specifically acknowledges that from time-to-time, there
<br /> may be emergency situations in which the Department may not be able to reasonably notify
<br /> Permittee to remove, alter, relocate, or reconstruct all or any part of the work herein
<br /> approved, and in such emergency situations, Permittee agrees the Department may
<br /> proceed to perform the required work and the cost shall be paid by the Permittee.
<br /> FM-131046-Ml
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