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I <br /> NINE: The Permittee is responsible for all personal liability and property damage which <br /> may arise out of failure on the Permittee's part to perform the obligations under <br /> this Permit. If any claim of liability is made against the United States of America, <br /> the State of California, a local district or the County of San Joaquin and the <br /> officers, agents or employees thereof, as a result of Permittee's failure to <br /> perform the said obligations, the Permittee shall defend and shall hold each of <br /> them harmless from each claim. <br /> TEN: The Permittee shall exercise reasonable care to operate and maintain any work <br /> authorized herein to preclude injury to or damage to any work necessary to any <br /> plan of flood control, or interfere with the successful execution, functioning or <br /> operation of any plan of flood control. <br /> ELEVEN: Should any of the work not conform to the Conditions of this Permit, the <br /> Permittee, upon order by the authorized representative of the'Department of <br /> Public Works shall, in the manner prescribed by the Department, be responsible <br /> for the cost and expense to remove, alter, relocate, or reconstruct all or any part <br /> of the work herein approved. <br /> TWELVE: Permittee acknowledges that the plan of flood control encompasses the real <br /> property, which is the subject of this Permit, and agrees that the plan of flood <br /> control is of primary importance to the health, safety, and welfare of residents <br /> within the environs of the real property which is the subject of this Permit. <br /> Therefore, Permittee agrees that Permittee shall, at the Permittee's sole cost <br /> and expense, remove, alter, relocate, or reconstruct all or any part of the work <br /> herein approved, within 30 days after receiving written notice, and in the manner <br /> 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 <br /> to or damage any work necessary to any plan of flood control of San Joaquin <br /> County or any Federal or State agency or should it interfere with the successful <br /> execution, functioning, or operation of any such plan of flood control, or should <br /> such removal, alteration, relocation, or reconstruction be necessary under, or in <br /> conjunction with, any present or future flood control plans for the area in which <br /> the work herein approved is to be accomplished, and in case Permittee delays <br /> acting upon any such written notice of the Department, the Department may <br /> proceed to perform the required work and the cost shall be paid by Permittee. <br /> i <br /> In executing this Application, Permittee specifically acknowledges that from <br /> time-to-time, there may be emergency situations in which the Department <br /> may not be able to reasonably notify Permittee to remove, alter, relocate, or <br /> reconstruct all.or any part of the work herein approved, and in such emergency <br /> situations, Permittee agrees the Department may proceed to perform the <br /> required work and the cost shall be paid by the Permittee. <br /> FC-2D026-T2 <br />