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Agreement No. 60962 <br />repair. The Utility upon knowledge of such emergency shall immediately notify the State <br />Highway Patrol. The Utility shall take all necessary and reasonable safety measures to <br />protect the traveling public, and shall cooperate fully with the Highway Patrol to that end. <br />The Utility in such event shall request a permit from the proper authority not later than the <br />second working day thereafter. <br />AGREE in the performance of all work on this project, for itself, its assigns and <br />successors in interest, to comply with all the nondiscrimination provisions set forth in <br />"Appendix A ", attached hereto and made a part hereof. For the purpose of this Agreement, <br />as set forth in "Appendix A ", the word "contractor" shall be construed to refer to the Utility, <br />and the word "subcontractor" to the contractor employed by the Utility, and "State <br />Department of Transportation" to the State. "Appendix A" is applicable only in those <br />instances where the Utility does not perform the adjustment work with its own forces. <br />INDEMNIFY, save and hold harmless the State and all of its agents and employees <br />of and from any and all claims, demands, actions or causes of action of whatsoever nature or <br />character arising out of or by reason of the execution of this Agreement or the performance <br />or nonperformance of the work to be performed by the Utility provided for herein and <br />further agrees to defend at its own sole cost and expense any action or proceeding <br />commenced for the purpose of asserting any claim of whatsoever character arising <br />hereunder by virtue of the execution, performance or nonperformance of the work to be <br />performed by the Utility as provided for herein. <br />Utility Permit <br />Within 90 days upon completion of the adjustmentherein described, submit to the <br />State's Utilities Engineer five copies of a permit application, including "as built" sketches, <br />for all facilities within highway right of way, which involve a location other than that <br />covered under an existing permit. <br />-4- <br />78 <br />