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State will notify the local government that possible breach of contract has <br />occurred. The local government must remedy the breach as outlined by the <br />State within ten (10) days from receipt of the State's notification. In the event the <br />local government does not remedy the breach to the satisfaction of the State, the <br />local government shall be liable to the State for the costs of remedying the <br />breach and any additional costs occasioned by the State. <br />Article 6. DISPUTES <br />Should disputes arise as to the parties' responsibilities or additional work under <br />this agreement, the State's decision shall be final and binding. <br />Article 7. RESPONSIBILITIES OF THE PARTIES <br />The State and the Local Government agree that neither party is an agent, <br />servant, or employee of the other party and each party agrees it is responsible <br />for its individual acts and deeds as well as the acts and deeds of its contractors, <br />employees, representatives, and agents. <br />Article 8. INSURANCE <br />A. Prior to beginning any work upon the State's right of way, the local <br />government and/or its contractors shall furnish to the State a completed <br />"Certificate of Insurance" (TxDOT Form 1560, latest edition) and shall maintain <br />the insurance in full force and effect during the period that the local government <br />and/or its contractors are encroaching upon the State right of way. <br />B. In the event the local government is a self-insured entity, the local <br />government shall provide the State proof of its self-insurance. The local <br />government agrees to pay any and all claims and damages that may occur <br />during the period of this closing of the highway in accordance with the terms of <br />this agreement. <br />Article 9. AMENDMENTS <br />Any changes in the time frame, character, agreement provisions or obligations of <br />the parties hereto shall be enacted by written amendment executed by both the <br />local government and the State. <br />Article 10. COMPLIANCE WITH LAWS <br />The local government shall comply with all applicable federal, state and local <br />environmental laws, regulations, ordinances and any conditions or restrictions <br />required by the State to protect the natural environment and cultural resources of <br />the State's right of way. <br />Article 11. LEGAL CONSTRUCTION <br />In case one or more of the provisions contained in this agreement shall for any <br />reason be held invalid, illegal or unenforceable in any respect, such invalidity, <br />illegality or unenforceability shall not affect any other provisions hereof and this <br />agreement shall be construed as if such invalid, illegal or unenforceable provision <br />had never been contained herein. <br />Article 12. NOTICES <br />All notices to either party by the other required under this agreement shall be <br />delivered personally or sent by certified U.S. mail, postage prepaid, addressed to <br />