2023-068 Ordinance - Laserfiche WebLink

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7.2 If notified by ODOT in writing that it is in violation of any of the terms, conditions, or provisions of this Agreement, and a default has occurred, the CITY shall have thirty (30) days from the date of such notification to remedy the causes preventing its compliance and curing the default situation. Expiration of the thirty (30) days and failure by the CITY to remedy the default shall result in termination of this Agreement by ODOT. 7.3 Upon a termination of this Agreement by ODOT, ODOT shall conduct an inspection of the IMPROVEMENT to determine whether the facility has been maintained in an acceptable condition. If the IMPROVEMENT has not been maintained to an acceptable degree and condition, then ODOT may take any measures necessary to maintain the IMPROVEMENT. The CITY shall be responsible for all costs incurred by ODOT in performing necessary maintenance or repair under this provision. 8 GENERAL PROVISIONS 8.1 The signing of the Agreement does not in any way abridge the right of the Director of Transportation in his jurisdiction over the State Highway System. If, at any time, it becomes necessary, in the opinion of the Director of Transportation to order the removal, reconstruction, relocation, or repair of the IMPROVEMENT, such removal work shall be completed wholly at the expense of the CITY, and be made as directed by the Director of Transportation. 8.2 This Agreement, together with Right of Way Permit No. N/A , if applicable, constitutes the entire Agreement between the parties. Any prior discussions and understandings between the parties are superseded by this Agreement. 8.3 Neither this Agreement nor any rights, duties, or obligation described herein shall be assigned by any party hereto without the prior express written consent of the other parties. Any change to the provisions of this Agreement must be made in a written amendment executed by all parties. 8.4 This Agreement shall be construed and interpreted, and the rights of the parties determined in accordance with the laws of the State of Ohio. 8.5 The District Deputy Director of District 12 shall have full authority to ensure the full compliance of the provisions of this Agreement. 8.6 The signing of the Agreement or the doing of any work thereunder shall constitute an agreement by the CITY to comply with all of the conditions and restrictions written herein. 8.7 The CITY shall be responsible for all suits, actions or claims of any character brought on account of any injuries or damages sustained by any person or property in consequence of any neglect or on account of any wrongful act or omission on the part of the CITY as a result of the maintenance of said facility. Page 6 of