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Agenda Packet
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CITY CLERK
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No. <br />(2) By the State upon determination that use of the State's right of way is not feasible or <br />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 forth <br />herein. <br />(4) By satisfactory completion of all services and obligations as set forth herein. B. The <br />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 <br />termination of this agreement is due to the failure of the local government to fulfill <br />its contractual obligations as set forth herein, the State will notify the local <br />government that possible breach of contract has occurred. The local government <br />must remedy the breach as outlined by the State within ten (10) days from receipt of <br />the State's notification. In the event the local government does not remedy the <br />breach to the satisfaction of the State, the local government shall be liable to the <br />State for the costs of remedying the breach and any additional costs occasioned by <br />the State. <br />Article 6. DISPUTES <br />Should disputes arise as to the parties' responsibilities or additional work under this agreement, <br />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 employee <br />of the other party and each party agrees it is responsible for its individual acts and deeds as <br />well as the acts and deeds of its contractors, employees, representatives, and 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 />contractors shall furnish to the State a completed "Certificate of Insurance" (TxDOT Form 1 <br />560, latest edition) and shall maintain the insurance in full force and effect during the period <br />Traffic Closure Incorporated (TEA30A) Page 4 of 8 Rev. 02/22/2019 <br />
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