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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 perform
<br /> the said obligations, the Permittee shall defend and shall hold each of them
<br /> 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 /> In executing this Application, Permittee specifically acknowledges that, from
<br /> time-to-time, there may be emergency situations in which the Department may
<br /> 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 /> ST-4E046-L2
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