Res 2007-131 - Laserfiche WebLink

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I I I Form 2044 (Rev. 0512002) Page 4 01 10 10. RESTORATION OF AREA The City shall provide written notification to the State that such facility will be discontinued for the purpose defined herein. The City shall, within thirty (30) days from the date of said notification, clear the area of all facilities that were its construction responsibility under this agreement and restore the area to a condition satisfactory to the State. 11. PREVIOUS AGREEMENTS It is understood that this agreement in no way modifies or supersedes the terms and provisions of any existing agreements between the parties hereto. 12. INDEMNIFICATION The City acknowledges that it is not an agent, servant or employee of the State, and that it is responsible for its own acts and deeds and for those of Its agents or employees during the performance of contract work. Neither party hereto intends to waive, relinquish, limit or condition its right to avoid any such liability by claiming its governmental immunity. When notified by the State to do so, the other party hereto shall within thirty (30) days from receipt of the State's written notification pay the State for the full cost of repairing any damages to the highway facility which may result from its construction, maintenance or operation of the facility, and shall promptly reimburse the State for costs of construction and/or repair work made necessary by reason of such damages. Nothing in this agreement shall be construed as creating any liability in favor of any third party against the State and the City . Additionally, this agreement shall not ever be construed as relieving any third party from any liability against the State and the City . but the City shall become fully subrogated to the State and shall be entitled to maintain any action over and against the third party which may be liable for having caused the City to payor disburse any sum of money hereunder.