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The Permittee waives any and all rights to any type of a) As part of the consideration for being issued this expressed or implied indemnity from or against the State, the encroachment permit, the Permittee,on behalf of Permittee Department, and the Directors, officers, employees, agents, and on behalf of Permittee's personal representatives, and/or contractors of the State and/or of the Department, successors in interest, and assigns, does hereby covenant including but not limited to the Director of Transportation and and agree that: the Deputy Directors. i. No person on the grounds of race, color, or The Permittee understands and agrees to comply with the national origin may be excluded from obligations of Titles II and III of the Americans with participation in, be denied the benefits of, or be Disabilities Act in the conduct of the encroachment, work, otherwise subjected to discrimination in the use and/or activity whether conducted pursuant to this of said facilities. encroachment permit or constituting Unauthorized Work or ii. In connection with the construction of any Activity, and further agrees to defend, indemnify, and save improvements on said lands and the furnishings harmless the State,the Department,and the Directors,officers, of services thereon, no discrimination must be employees,agents,and/or contractors of the State and/or of the practiced in the selection and retention of first-tier Department, including but not limited to the Director of subcontractors in the selection of second-tier Transportation and the Deputy Directors, from any and all subcontractors. claims, demands, damages, costs, penalties, liability, suits, or iii. Such discrimination must not be practiced against actions of every name, kind, and description arising out of or the public in their access to and use of the by virtue of the Americans with Disabilities Act. facilities and services provided for public accommodations (such as eating, sleeping, rest, The Permittee understands and agrees the Directors, officers, recreation), and operation on, over, or under the employees,agents, and/or contractors of the State and/or of the space of the State highway right-of-way. Department, including but not limited to the Director of iv. The Permittee must use the premises in Transportation and the Deputy Directors, are not personally compliance with all other requirements imposed responsible for any liability arising from or by virtue of this pursuant to Title 15,Code of Federal Regulations, encroachment permit. Commerce and Foreign Trade, Subtitle A. Office of the Secretary of Commerce, Part 8 (15 C.F.R. For the purpose of this General Provision Number 28 and all Part 8)and as said Regulations may be amended. paragraphs herein, "contractors of the State and/or of the Department" includes contractors under contract to the State b) In the event of breach of any of the above and/or the Department, and the subcontractors of such nondiscrimination covenants,the State and.the Department contractors. have the right to terminate this encroachment permit and to re-enter and repossess said land and the facilities thereon, This General Provision Number 28 and all paragraphs herein and hold the same as if said permit had never been made or take effect immediately upon issuance of this encroachment issued. permit, and apply before, during, and after the encroachment, work, and/or activity contemplated under this encroachment 31. MAINTENANCE OF HIGHWAYS: By accepting this permit, whether such work is in compliance with the Permit encroachment permit, the Permittee agrees to properly Conditions as defined in General Provision Number 5 or maintain any encroachment. This assurance requires the constitutes Unauthorized Work or Activity, except as Permittee to provide inspection and repair any damage, at otherwise provided by California law. The Permittee's Permittee's expense, to State facilities resulting from the obligations to defend,indemnify,and save harmless under this encroachment. General Provision Number 28 take effect immediately upon issuance of this encroachment permit and have no expiration 32. SPECIAL EVENTS: In accordance with subdivision (a) of date, including but not limited to situations in which this Streets and Highways Code section 682.5, the Department is encroachment permit expires or is revoked, the work or not responsible for the conduct or operation of the permitted activity performed under this encroachment permit is accepted activity, and the applicant agrees to defend, indemnify, and or not accepted by the Department, the encroachment, work, hold harmless the State, the Department, and the Directors, and/or activity is conducted in compliance with the Permit officers,employees,agents,and contractors of the State and/or Conditions as defined in General Provision Number 5 or of the Department,including but not limited to the Director of constitutes Unauthorized Work or Activity, and/or no work or Transportation and the Deputy Directors, from any and all activity is undertaken by the Permittee or by others on the claims, demands, damages,costs, liability,suits, or actions of Permittee's behalf. every name,kind and description arising out of any activity for which this encroachment permit is issued. 29. NO PRECEDENT ESTABLISHED: This encroachment permit is issued with the understanding that it does not The Permittee understands and agrees to comply with the establish aprecedent. obligations of Titles ]I and III of the Americans with Disabilities Act in the conduct of the event, and further agrees 30. FEDERAL CIVIL RIGHTS REQUIREMENTS FOR to defend, indemnify, and save harmless the State and the PUBLIC ACCOMMODATION: Department, and the Directors, officers, and employees of the State and/or Department, including but not limited to the 0 2018 California Department of Transportation.All Rights Reserved.