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2023-010 - Approving and Authorizing the Execution of an Amended Agreement with TxDOT for the Temporary Closure of State Right-Of-Way in support of the 2023, 2024, 2025, 2026 and 2027 Steak Wars Festival
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2023-010 - Approving and Authorizing the Execution of an Amended Agreement with TxDOT for the Temporary Closure of State Right-Of-Way in support of the 2023, 2024, 2025, 2026 and 2027 Steak Wars Festival
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CSJ # <br />District # <br />Code Chart 64 # <br />Project: <br />shall be liable to the State for the costs of remedying the breach and any additional costs <br />occasioned by the State. <br />Article 6. DISPUTES <br />Should disputes arise as to the parties' responsibilities or additional work under this <br />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, servant, or <br />employee of the other party and each party agrees it is responsible for its individual acts and <br />deeds as well as the acts and deeds of its contractors, employees, representatives, and <br />agents. <br />Article 8. INSURANCE <br />A. Prior to beginning any work upon the State's right of way, the local government and South <br />Main Iron shall furnish to the State a completed "Certificate of Insurance" (TxDOT Form 1560, <br />latest edition) and shall maintain the insurance in full force and effect during the period that <br />the local government 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 government shall <br />provide the State proof of its self-insurance. The local government agrees to pay any and all <br />claims and damages that may occur during the period of this closing of the highway in <br />accordance with the terms of this agreement. <br />Article 9. AMENDMENTS <br />Any changes in the time frame, character, agreement provisions or obligations of the parties <br />hereto shall be enacted by written amendment executed by both the local government and <br />the State. <br />Article 10. COMPLIANCE WITH LAWS <br />The local government shall comply with all applicable federal, state and local environmental <br />laws, regulations, ordinances and any conditions or restrictions required by the State to <br />protect the natural environment and cultural resources of 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 reason be <br />held invalid, illegal or unenforceable in any respect, such invalidity, illegality or <br />unenforceability shall not affect any other provisions hereof and this agreement shall be <br />construed as if such invalid, illegal or unenforceable provision had never been contained <br />herein. <br />Article 12. NOTICES <br />All notices to either party by the other required under this agreement shall be delivered <br />personally or sent by certified U.S. mail, postage prepaid, addressed to such party at the <br />following respective addresses: <br />TRF -TRF TEA30_MultiYrAgrmnt Page 4 of 9 02/13/2023 <br />CLOSURE (Incorporated) Multi -Year <br />
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