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CSJ #0285 -03 -048 RCSJ # District #14 Code Chart 64 #37950 RM 12: Pioneer Farms to San Marcos Baptist Academy CFDA # 20.205 Article 5. Adjustments Outside the Project Site Utility will provide for all necessary right -of -way and utility adjustments needed for performance of the work. The Utility is responsible for the identification and assessment of any environmental problems associated with the development of a local project governed by this Agreement. The Utility is responsible for the preparation of the appropriate NEPA documents required for the environmental clearance of the water relocations that are outside of the limits of the approved Categorical Exclusion for the reconstruct roadway project. Preparation and coordination of the environmental documentation shall be through the TxDOT Austin District Environmental Coordinator at (512) 832 -7168. The Utility shall provide the State with written documentation from appropriate regulatory agency(ies) that identified environmental clearance have been obtained, prior to the beginning of work. The Utility is responsible for the cost of any environmental problem's mitigation and remediation. Article 6. Responsibilities of the Parties and Indemnity Utility acknowledges that it is not an agent, servant, employee of the State, nor is it engaged in a joint enterprise, and it is responsible for its own acts and deeds and for those of its agents or employees during the performance of the work on the Project. To the extent permitted by law, Utility agrees to indemnify and hold harmless the State, its agents and employees, from all suits, actions or claims and from all liability and damages for any and all injuries or damages sustained by any person or property in consequence with the performance of design, construction, maintenance or operation of the utility facility. Such indemnity includes but is not limited to any claims or amounts arising or recovered under the "Worker's Compensation Law ", the Texas Tort Claims Act, Chapter 101, Texas Civil Practice and Remedies Code; or any other applicable laws or regulations, all as time to time may be amended. Article 7. Sole Agreement In the event the terms of the agreement are in conflict with the provisions of any other existing agreements between Utility and the State, the latest agreement shall take precedence over the other agreements in matters related to the Project. Article 8. Successors and Assigns The State and Utility each binds itself, its successors, executors, assigns, and administrators to the other party to this agreement and to the successors, executors, assigns, and administrators of such other party in respect to all covenants of this agreement. Article 9. Amendments By mutual written consent of the parties, the scope of work and payment provisions of this agreement may be amended prior to its expiration. AFA— AFA — Utility Page 3 of 9 Revised 07/20/10