2004-100-RES APPROVING AND AUTHORIZING OF UTILITY JOINT USE ACKNOWLEDGEMENT

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Form ROW-U-JUAB Rev. 3/2004 Page 2 of 2 Except as provided herein, Utility and the State, by execution of this Acknowledgement, do not waive or relinquish any right which they may have under the law. Utility will, by written notice, advise the State of the beginning and completion dates of the adjustment, removal, or relocation, and, thereafter, agrees to perform such work diligently, and to conclude said adjustment, removal, or relocation by the stated completion date. It is expressly understood that Utility conducts the adjustment, removal, and/or relocation at its own risk, and that Utility agrees to indemnify and hold the State harmless for damage to existing facilities caused by Utility's conduct. Utility additionally agrees to indemnify and hold the State harmless for any injuries or damages resulting from Utility's or its agent's failure to install the facility as shown on the aforementioned plans or to properly maintain its facilities. The State Auditor may conduct an audit or investigation of any entity receiving funds from the State directly under this contract or indirectly through a subcontract under this contract. Acceptance of funds directly under this contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the State Auditor, under the direction of the Legislative Audit Committee, to conduct an audit or investigation in connection with those funds. In the event Utility fails to comply with the requirements as set out herein, the State may take such action as it deems appropriate to compel compliance. The signatories to this Acknowledgement warrant that each has the authority to enter into this Acknowledgement on behalf of the party represented. IN WITNESS WHEREOF, the parties hereto have affixed their signatures. Utility: EXECUTION RECOMMENDED: Utility Name By: Authorized Signature Right of Way Administrator, Paris District Title: THE STATE OF TEXAS Date: Certified as being executed for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. By: District Engineer, TxDOT Date: