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6 Assist in relocation or removal of utilities that interfere with construction of the <br /> portion of the PROJECT located within REDLANDS <br /> 7 Assist in acquisition of street rights-of-way and temporary construction casements <br /> needed for construction of the portion of the PROJECT located within <br /> REDLANDS <br /> 8 Be responsible for the on-going maintenance of the completed improvements <br /> located within REDLANDS. <br /> SECTION III <br /> IT IS MUTUALLY AGREED <br /> 1 That this Agreement applies to all phases and scope of work for the PROJECT, as <br /> described in Attachment"A" <br /> 2 That eligible PROJECT expenditures shall be limited to the PROJECT-specific work <br /> activities described in Attachment "A" to this Agreement and shall not include <br /> escalation, interest, or other fees <br /> 3 Each PARTY shall defend,indemnify and hold harmless the other PARTY from and <br /> against any claim of liability, damages, costs or loss, including costs and attorneys' <br /> fees, from personal injury or death to persons, or property damage (collectively <br /> "Claims'} resulting from or ansing out of the negligence or willful misconduct of <br /> either PARTY, or its elected officials, employees, contractors or agents, except to the <br /> extent such Claims may be caused by or result from the negligence or willful <br /> misconduct of the other PARTY, or its elected officials, employees, contractors or <br /> agents Further, HIGHLAND shall require its contractors to defend, indemnify and <br /> hold harmeless REDLANDS and its elected officials, employees and agents from and <br /> against any and all claims, losses or liability, including costs and attorneys' fees, <br /> ansmg from mjury or death to persons or damage to property occasioned by or <br /> resulting from any negligent act, omission or failure to act, or willful misconduct by <br /> any contractor or its officers, employees and agents in constructing the PROJECT <br /> 4 That this Agreement shall commence on its Effective Date and shall terminate upon <br /> HIGHLAND's provision of a written notice of completion of the PROJECT to <br /> REDLANDS,unless any PROJECT accounting remains unsettled between the <br /> PARTIES, or between the PARTIES and either of the grant agencies Upon settlement <br /> of any such accounting issues,HIGHLAND shall then issue a written notice of <br /> completion of the PROJECT and this Agreement shall be deemed terminated as of such <br /> date This Agreement may be extended or terminated by mutual written consent of the <br /> PARTIES <br /> J\City Council Reports\Municipal Utilities&Engineermg\2017\2 7 171RCA-Highland-Redlands BAe Project <br /> Cooperative Agreement\ATP Cycle Agreement-Word version 1-30-17 docx <br />