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ARTICLE V <br />PERFORMANCE <br />A. The City of San Marcos /Texas State University agrees to devote its diligent and <br />professional efforts and abilities to implement each Conservation Measure, shown here, and for <br />which Program Funding has been approved in accordance with the current Funding Application. <br />EAHCP Conservation Measure No. Conservation Measure Title <br />5.3.1 & 5.4.1 Texas Wild Rice Enhancement /Restoration <br />5.3.6 & 5.4.4 Sediment Removal <br />5.3.8 & 5.4.3 & 5.4.12 Non - Native Plant Species Control <br />5.3.3 & 5.4.3 Management - Floating Vegetation Mats & Litter <br />5.3.5 & 5.3.9 & 5.4.11 & 5.4.13 Non - Native Animal Species Control <br />5.4.6 Sessom Creek Sand Bar <br />5.7.6 & 5.7.2 Bank Stabilization/Permanent Access Points <br />5.3.2 & 5.4.2 Native Riparian Habitat Restoration <br />5.7.1 Management - Key Recreation Areas <br />5.3.7 LID /BMP Management <br />6.3.1 Household Hazardous Waste Management <br />5.7.4 Education <br />B. It shall be the City of San Marcos /Texas State University' responsibility to ensure <br />that each Conservation Measure is completed in accordance with the schedules, budgets, <br />descriptions and specifications contained in the approved current Application. <br />C. The City of San Marcos /Texas State University will provide, through its <br />contractors, any and all personnel necessary for the implementation of the Conservation Measures <br />included in the current approved Application. The City of San Marcos /Texas State University <br />hereby indemnifies and holds harmless the EAA, its officers, employees and directors, from and <br />against any claims brought by any contractor, subcontractor or other agent of the City of San <br />Marcos /Texas State University relating in any way to the work performed under this Funding <br />Contract. <br />D. When implementing the Conservation Measures included in the current approved <br />Application, the City of San Marcos /Texas State University may retain and utilize contractors as <br />necessary to complete the implementation of the Conservation Measures. The EAA shall not have <br />the right to terminate, limit, or alter, at any time, the participation of any contractor or subcontractor <br />utilized by the City of San Marcos /Texas State University. The City of San Marcos /Texas State <br />University will be responsible for its contractors in all respects including their compliance with <br />applicable laws and their safety, including without limitation, all Occupational Safety and Health <br />Administration (OSHA) standards, requirements, and regulations. <br />E. The City of San Marcos /Texas State University warrants that it will implement the <br />Conservation Measures described in the current approved Application in a good and workmanlike <br />manner, strictly in accordance with the standards of the associated scopes of work and with the <br />4of14 <br />