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. ? ? <br />• ,?„? ,? <br />2. That the COUNTY will participate in the costs of alterations of <br />governmentally-owned utility facilities which come within the <br />provisions of Ohio Department of Transportation Directive 28-A to the <br />same extent that it participates in the other costs of the project, <br />provided, however, that such participation will not extend to any <br />additions or betterments of existing facilities. <br />3. That it is hereby agreed that the MUNICIPALITY shall, at its own <br />expense, make all rearrangements of governmentally owned utilities <br />and/or appurtenances thereto, which do not comply with the provisions <br />of Ohio Department of Transportation Directive 28-A, whether inside or <br />outside the corporate limits, as may be necessary to conform to the <br />said improvement, and said rearrangements shall be done at such time <br />as requested by the COUNTY, <br />4. That the construction, reconstruction, and/or rearrangement of all <br />utilities shall be done in such a manner as not to interfere unduly <br />with the operation of the contractor constructing the improvement, and <br />all backfilling of trenches made necessary by such utility <br />rearrangements shall be performed in accordance with the provision of <br />the Ohio Department of Transportation Construction and Material <br />Specifications and shall be subject to approval by the COUNTY. <br />5. That the MUNICIPALITY hereby agrees that the COUNTY shall be and is <br />hereby saved harmless f rom any and all damages or claims thereof <br />arising from or growing out of the certification or obligations made <br />or agreed to in Sections F-1, G-1, 2, 3, and 4 hereinabove. <br />H. MISCELLANEOUS. <br />1. For matt'brs relating to this improvement, the agent for the COUNTY and <br />liaison officer on the matter contained herein shall be the County <br />Engineer of Cuyahoga County, Ohio, and/or such members of his staff as <br />he may designate. 2. That the MUNICIPALITY shall indemnify and save harmless the COUNTY <br />from and against all suits or claims that may be based uporr any injury <br />to persons or damage of property arising out of an error, omission or <br />negligent act. The MUNICIPALITY shall. at their expense, defend the <br />COUNTY in all litigation, pay all attorney's fees, damages, court <br />costs and'other expertses arising out of such litigation or claims <br />incurred in connection therewith. <br />1. AUTHORITY TO SIGN <br />1. That the Mayor of said MUNICIPALITY is hereby empowered and directed <br />on behalf of the MUNICIPALITY to enter into agreements with the COUNTY <br />necessary to complete the planning and construction of this <br />improvement. 2. That the Mayor of said MUNICIPALITY is fiereby empowered:and directed <br />. on behalf of the MUNICIPALITY to make application to the Cuyahoga <br />County Board of Commissioners for approval to use County Motor Vehicle <br />$5.00 License Tax Funds for the improvement. <br />- 3 -