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Agreement No. <br />able to meet its requirements. <br />G. The local government hereby assures the State that there will be appropriate passage <br />allowance for emergency vehicle travel and adequate access for abutting property owners <br />during construction and closure of the highway facility. These allowances and accesses will <br />be included in the local government's traffic control plan. <br />H. The local government will avoid or minimize damage, and will, at its own expense, restore <br />or repair damage occurring outside the State's right of way and restore or repair the State's <br />right of way, including, but not limited to, roadway and drainage structures, signs, overhead <br />signs, pavement markings, traffic signals, power poles and pavement, etc. to a condition <br />equal to that existing before the closure, and, to the extent practicable, restore the natural <br />and cultural environment in accordance with federal and state law, including landscape and <br />historical features. <br />Article 4. OWNERSHIP OF DOCUMENTS <br />Upon completion or termination of this agreement, all documents prepared by the local <br />government will remain the property of the local government. All data prepared under this <br />agreement shall be made available to the State without restriction or limitation on their further <br />use. At the request of the State, the Local Government shall submit any information required <br />by the State in the format directed by the State. <br />Article 5. TERMINATION <br />A. This agreement may be terminated by any of the following conditions: <br />(1) By mutual written agreement and consent of both parties. <br />(2) By the State upon determination that use of the State's right of way is not <br />feasible or is not in the best interest of the State and the traveling public. <br />(3) By either party, upon the failure of the other party to fulfill the obligations as set <br />forth herein. <br />(4) By satisfactory completion of all services and obligations as set forth herein. <br />B. The termination of this agreement shall extinguish all rights, duties, obligations, and <br />liabilities of the State and local government under this agreement. If the potential termination <br />of this agreement is due to the failure of the local government to fulfill its contractual <br />obligations as set forth herein, the State will notify the local government that possible breach <br />of contract has 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 local <br />government does not remedy the breach to the satisfaction of the State, the local government <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/or its <br />Traffic Closure Incorporated (TEA30A) Page 3 of 8 Rev. 03/27/2023 <br />