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<br /> EIGHT: The Permittee shall, when required by law, secure the written order or consent
<br /> from all other public agencies having jurisdiction over the proposed work.
<br /> NINE: The Permittee is responsible for all personal liability and property damage,
<br /> which may arise out of failure on the Permittee's part to perform the
<br /> obligations under this Permit. If any claim of liability is made against the
<br /> United States of America, the State of California, a local district or the County
<br /> of San Joaquin and the officers, agents or employees thereof, as a result of
<br /> Permittee's failure to perform the said obligations, the Permittee shall defend
<br /> and shall hold each of them harmless from each claim.
<br /> TEN: The Permittee shall exercise reasonable care to operate and maintain any
<br /> work authorized herein to preclude injury to or damage to any work necessary
<br /> to any plan of flood control, or interfere with the successful execution,
<br /> 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
<br /> Permittee, upon order by the authorized representative of the Department
<br /> of Public Works shall, in the manner prescribed by the Department, be
<br /> responsible for the cost and expense to remove, alter, relocate, or reconstruct
<br /> all or any part 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
<br /> work herein approved, within 30 days after receiving written notice, and in
<br /> the manner prescribed thereby, should said work or any portion thereof not
<br /> conform to the provisions of this Permit, or should said work or any portion
<br /> thereof be injurious to or damage any work necessary to any plan of flood
<br /> control of San Joaquin County or any Federal or State agency or should it
<br /> interfere with the successful execution, functioning, or operation of any such
<br /> plan of flood control, or should such removal, alteration, relocation, or
<br /> reconstruction be necessary under, or in conjunction with, any present or
<br /> future flood control plans for the area in which the work herein approved is to
<br /> be accomplished, and in case Permittee delays acting upon any such written
<br /> notice of the Department, the Department may proceed to perform the
<br /> required work and the cost shall be paid by Permittee. In executing this
<br /> Application, Permittee specifically acknowledges that from time-to-time, there
<br /> may be emergency situations in which the Department may not be able to
<br /> reasonably notify Permittee to remove, alter, relocate, or reconstruct all or any
<br /> part of the work herein approved, and in such emergency situations, Permittee
<br /> agrees the Department may proceed to perform the required work and the
<br /> cost shall be paid by the Permittee.
<br /> ST-5C034-T2
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