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employees. The Forgoing Provision is not intended to give rise to Rights in any third party to <br />recover damages from the CITY nor is it intention to constitute a waiver of sovereign immunity. <br />4. If, at any time while the terms of this Agreement are in effect, it shall come to the <br />attention of the DEPARTMENT's District Director of Transportation Operations, District 5, <br />that the CITY responsibility as established herein or a part thereof is not being properly <br />accomplished pursuant to the terms of this Agreement, said Director of Transportation <br />Operations, District 5, may, at his option, issue a written notice in care of the Public Works <br />Director to place said CITY on notice thereof. Thereafter the CITY shall have a period of (30) <br />thirty calendar days within which to correct the cited deficiency or deficiencies. If said <br />deficiency or deficiencies are not corrected within this time period the DEPARTMENT may at <br />its option, proceed as follows: <br />(A) ) Maintain the roadway shoulders, median strip or roadside area declared <br />deficient with the DEPARTMENT or a Contractor's material, equipment and personnel. <br />The actual cost for such work will be deducted from payment to the CITY or <br />(B) Terminate this Agreement in accordance with Paragraph 11 of this <br />Agreement. <br />5. During the term of this Agreement, the DEPARTMENT may from time to time <br />engage in transportation projects on the roads covered by this agreement. Some of those projects <br />may involve the DEPARTMENT's construction contractor temporarily assuming maintenance <br />responsibility for the limits of the project. In that event, the Department will notify the Local <br />Government of the limits of the project and the time frame for the project. During that time and <br />for those limits, the Local Government will be released from its obligation to perform <br />maintenance on those roads and the compensation to be paid under this agreement will be <br />temporarily reduced. The reduction in compensation shall be based on the formula used to <br />CITY OF CASSELBERRY FN NO.: 244549-1-78-02 CONTRACT NO.: ARY45 <br />Page 3 of 13 <br />