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Form2044 (Rev.11/11) <br />Page 4 of 9 <br />8. MODIFICATION/TERMINATION OF AGREEMENT <br />If in the sole judgment of the State it is found at any future time that traffic conditions have so <br />changed that the existence or use of the facility is impeding maintenance, damaging the highway <br />facility, impairing safety or that the faciliry is not being properly operated, that it constitutes a <br />nuisance, is abandoned, or if for any other reason it is the State's judgment that such facility is not in <br />the public interest, this agreement under which the facility was constructed may be: (1) modified if <br />corrective measures acceptable to both parties can be applied to eliminate the objectionable features <br />of the facility; or (2) terminated and the use of the area as proposed herein discontinued. <br />9. PROHIBITION OF STORAGE OF FLAMMABLE MATERIALS <br />All structures located or constructed within the area covered by the agreement shall be fire resistant. <br />The storage of flammable, explosive or hazardous materials is prohibited. Operations deemed to be <br />a potential fire hazard shall be subject to regulation by the State. <br />10. RESTORATION OF AREA <br />The Local Government shall provide written notification to the State that such <br />facility will be discontinued for the purpose defined herein. The Local Government <br />shall, within thirty (30) days from the date of said notification, clear the area of all facilities that were <br />its construction responsibility under this agreement and restore the area to a condition satisfactory to <br />the State. <br />11. PREVIOUS AGREEMENTS <br />It is understood that this agreement in no way modifies or supersedes the terms and provisions of any <br />existing agreements between the parties hereto. <br />72. INDEMNIFICATION <br />Each party acknowledges that it is not an agent, servant, or employee of the other party. Each party <br />is responsible for its own acts and deeds and for those of its agents, servants, or employees. <br />Neither party hereto intends to waive, relinquish, limit or condition its right to avoid any such liability <br />by claiming its govemmental immunity. <br />When notified by the State to do so, the other party hereto shall within thirty (30) days from receipt of <br />the State's written notification pay the State for the full cost of repairing any damages to the highway <br />facility which may result from its construction, maintenance or operation of the facility, and shall <br />promptly reimburse the State for costs of construction and/or repair work made necessary by reason <br />of such damages. <br />