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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/or its <br />contractors shall furnish to the State a completed "Certificate of Insurance" (TxDOT Form <br />1560, latest edition) and shall maintain the insurance in full force and effect during the period <br />that 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 and that <br />may arise from this event and that are proximately caused by the negligence of the City of <br />Paris, its employees or contractors and which it may be held liable under the terms and <br />provisions of the Texas Tort Claims Act. Provided, however, nothing herein shall be <br />construed to be a waiver by the State or the local government of sovereign immunity, <br />governmental immunity or public official immunity under the laws of the State of Texas <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 />TRF-TRF TEA30_MultiYrAgrmnt Page 4 of 8 Rev. 01/06/06 <br />CLOSURE (Incorporated) Multi-Year <br />