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X17 TxDOT. All other preemption equipment shall be mounted exterior to TxDOT equipment with straps or other non - penetrating methods. The city will be required to supply TxDOT with a list of all preemptions each month or as requested. The list shall show date, time, intersection, direction, and duration of each preemption. If the signal controller goes out, TxDOT Signal Technicians may not always have a controller with preemption to replace it. This would result in the loss of preemption until we could repair or replace the controller with preemption. Any necessary changes to the existing signal required to install the preemption system will be at the City's expense. It will be the City's responsibility to install and maintain the preemption equipment. The maintenance shall include repair or replacement of any equipment (except for TxDOT equipment) necessary to keep the preemption system working properly. If it is determined that the preemption is being abused or that it is not functioning properly, TxDOT has the authority to require the City to remove the Preemption system from the signal installation or TxDOT may remove it with its own forces. If it becomes necessary to adjust, replace or reinstall the preemption system due to reconstruction of the intersection or upgrading of the signals, it shall be done by the City at City expense. For access to TxDOT maintained signal controllers to install the preemption equipment, the City or the City's Contractor will need to contact Tommie Cox (903- 737 -9358) approximately 48 hours in advance. For access for repairs contact Tommie as soon as possible. The City or the city's contractor will not be allowed access to the controller cabinet without advance notice to TxDOT. A TxDOT signal technician will need to be present during installation and/or repairs. The parties to this letter of agreement agree that neither party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives and agents. The City shall provide necessary safeguards to protect the public on State - maintained highways including adequate insurance for payment of any damages which might result during the construction, maintenance and operation of the preemption equipment, and to save the State harmless from damages, to the extent of said insurance coverage and insofar as it can legally do so. Prior to beginning work on the State's right -of -way, the City's construction contractor shall submit to the State a completed insurance form (Exhibit "A ") and shall maintain the