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NOW, THEREFORE, for and in consideration of the mutual benefits to flow each <br />to the other, the parties covenant and agree as follows: <br />1. The CITY shall be responsible for routine maintenance of all shoulders, landscaped <br />and/or turfed areas within DEPARTMENT rights-of-way having limits described by EXHIBIT <br />"B", or subsequent amended limits mutually agreed to in writing by both parties. For the <br />purpose of this Agreement, the maintenance to be provided by the CITY is defined in EXHIBIT <br />"C", or as defined by subsequent amended definitions agreed in writing by both parties. <br />2. In the event of a natural disaster (i.e. hurricane, tornado, etc.) or other normal <br />occurrences such as vehicle accidents and hazardous waste spills, the CITY and the Department <br />will cooperate and coordinate the use of the their respective resources to provide for the clean-up, <br />removal and disposal of debris or other substances from the Department's right of way <br />(described in Exhibit "B" or subsequently amended limits mutually agreed to in writing by the <br />parties hereto). The Department shall not deduct from the payment to the CITY, costs for <br />impairment of performance of any activity or part thereof defined in Exhibit "C", as a result of <br />such event and the redirection of CITY forces towards fulfillment of the responsibility under this <br />article. This paragraph shall not be interpreted to reduce the CITY's right to compensation or <br />reimbursement from any other sources (i.e., FEMA) for the debris removal or other activities of <br />the CITY subsequent to a natural disaster or accident. <br />3. To the extent permitted by Florida law the CITY agrees that it will indemnify and <br />hold harmless the DEPARTMENT and all of the DEPARTMENT's officers, agents, and <br />employees from any claim, loss, damage, cost, charge or expense arising out of any act, action, <br />neglect or omission by the CITY during the performance of this Agreement, whether direct or <br />indirect, and whether to any person or property to which the DEPARTMENT or said parties <br />may be subject, except that neither the CITY nor any of its subcontractors will be liable under <br />this section for damages arising out of injury or damage to persons or property directly caused <br />or resulting from the negligence of the DEPARTMENT or any of its officers, agents, or <br />CITY OF CASSELBERRY FIN NO.: 244549-1-78-02 CONTRACT NO.: ARY45 <br />Page 2 of 13 <br />