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<br />The duty of the permittee to indemnify and save harmless includes the
<br />duties to defend as set forth in Section 2778 of the Civil Code. The
<br />permittee waives any and all rights to any type of expressed or
<br />implied indemnity against the State, its officers, employees, and State
<br />contractors. It is the intent of the parties that the permittee will
<br />indemnify and hold harmless the State, its officers, employees, and
<br />State's contractors, from any and all claims, suits or actions as set
<br />forth above regardless of the existence or degree of fault or
<br />negligence, whether active or passive, primary or secondary, on the
<br />part of the State, the permittee, persons employed by the permittee, or
<br />acting on behalf of the permittee.
<br />For the purpose of this section, "State's contractors" shall include
<br />contractors and their subcontractors under contract to the State of
<br />California performing work within the limits of this permit
<br />29. NO PRECEDENT ESTABLISHED: This permit is issued with the
<br />understanding that it does not establish a precedent.
<br />30.
<br />31.
<br />32.
<br />FEDERAL CIVIL RIGHTS REQUIREMENTS FOR PUBLIC
<br />ACCOMMODATION:
<br />A. The permittee, for himself, his personal representative, successors
<br />in interest, and assigns as part of the consideration hereof, does hereby
<br />covenant and agree that:
<br />1. No person on the grounds of race, color, or national origin shall be
<br />excluded from participation in, be denied the benefits of, or be
<br />otherwise subjected to discrimination in the use of said facilities.
<br />2. That in connection with the construction of any improvements on
<br />said lands and the furnishings of services thereon, no discrimination
<br />shall be practiced in the selection and retention of first-tier
<br />subcontractors in the selection of second-tier subcontractors.
<br />3. That such discrimination shall not be practiced against the public in
<br />their access to and use of the facilities and services provided for
<br />public accommodations (such as eating, sleeping, rest, recreation), and
<br />operation on, over, or under the space of the right of way.
<br />4. That the permittee shall use the premises in compliance with all
<br />other requirements imposed pursuant to Title 15, Code of Federal
<br />Regulations, Commerce and Foreign Trade, Subtitle A. Office of the
<br />Secretary of Commerce, Part 8 (15 C.F.R. Part 8) and as said
<br />Regulations may be amended.
<br />5. That in the event of breach of any of the above nondiscrimination
<br />covenants, the State shall have the right to terminate the permit and to
<br />re-enter and repossess said land and the land and the facilities thereon,
<br />and hold the same as if said permit had never been made or issued.
<br />MAINTENANCE OF HIGHWAYS: The permittee agrees, by
<br />acceptance of a permit, to properly maintain any encroachment This
<br />assurance requires the permittee to provide inspection and repair any
<br />damage, at permittee's expense, to State facilities resulting from the
<br />encroachment.
<br />SPECIAL EVENTS: In accordance with subdivision (a) of Streets
<br />and Highways Code Section 682.5, the Department of Transportation
<br />shall not be responsible for the conduct or operation of the permitted
<br />activity, and the applicant agrees to defend, indemnify, and hold
<br />harmless the State and the city or county against any and all claims
<br />arising out of any activity for which the permit is issued.
<br />The permittee understands and agrees to comply with the obligations
<br />of Titles II and III of the Americans with Disabilities Act of 1990 in
<br />the conduct of the event, and further agrees to indemnify and save
<br />harmless the State of California, all officers and employees thereof,
<br />including but not limited to the Director of Transportation, from any
<br />claims or liability arising out of or by virtue of said Act.
<br />33. PRIVATE USE OF RIGHT OF WAY: Highway right of way shall
<br />not be used for private purposes without compensation to the State.
<br />The gifting of public property use and therefore public funds is
<br />prohibited under the California Constitution, Article 16.
<br />34. FIELD WORK REIMBURSEMENT: Permittee shall reimburse
<br />State for field work performed on permittee's behalf to correct or
<br />remedy hazards or damaged facilities, or clear debris not attended to
<br />by the permittee.
<br />35. NOTIFICATION OF DEPARTMENT AND TMC: The permittee
<br />shall notify the Department's representative and the Transportation
<br />Management Center (TMC) at least 7 days before initiating a lane
<br />closure or conducting an activity that may cause a traffic impact. A
<br />confirmation notification should occur 3 days before closure or other
<br />potential traffic impacts. In emergency situations when the corrective
<br />work or the emergency itself may affect traffic, TMC and the
<br />Department's representative shall be notified as soon as possible.
<br />36. SUSPENSION OF TRAFFIC CONTROL OPERATION: The
<br />permittee, upon notification by the Department's representative, shall
<br />immediately suspend all lane closure operations and any operation
<br />that impedes the flow of traffic. All costs associated with this
<br />suspension shall be home by the permittee.
<br />37. UNDERGROUND SERVICE ALERT (USA) NOTIFICATION:
<br />Any excavation requires compliance with the provisions of
<br />Government Code Section 4216 et. seq., including, but not limited to
<br />notice to a regional notification center, such as Underground Service
<br />Alert (USA). The permittee shall provide notification at least 48 hours
<br />before performing any excavation work within the right of way.
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