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Y .. 2. That the Public Body shall, upon receipt of equipment and the completion of the installation and acceptance by the parties hereto, assume the sole responsi- bility for the maintenance and continuous operation of said signal installation and the payment for all costs for electricity and electrical charges incurred in connect- ion with the operation thereto.. 3. The Public Body shall. maintain the sign and flashing signal. installations in accordance with Department policies and to a level of maintenance that will provide minimum hazard to movement of traffic. In this •regard the Public Body shall record maintanance activities relative to said signs and Flashing Signal installations to a "Department of Transportation Traffic Signal Maintenance Log" or an approved equiva- lent log. 4. That'the equipment,shall remain the pxoperty of the Department, and it is ! hereby understood and agreed by the parties hereto that the Public. Body may remove any component of the installed equipment for repair but the Public Body shall not, under any condition, permanently remove the main-frame of the control unit without 1 the express written permission of the Department. -So It is expressly understood and agreed by the panties hereto that the wiring r of the cabinets and the timing.of the signals will be such that the traffic will be a properly handled at the time .of the completion of, the insfllation of .the signals. Necessary modifications in timing or minor circuity may be made by the Public Body to.accommodate the changing needs of traffic but the Department reserves the right to examine the equipment at any time, and after "due consultation with the parties hereto, specify timing and phasing 'chat will provide a safe and expeditious traffic flow in the state highway system. i 6. The Public Body shall not nodify the equipment to provide additional phases or intervals without written permisison from the Department. 7. The Public Body hereby agrees to indemnify, defend, save and hold harmless the Department for all claims, demands, liabilities and suits of. any nature whatso- ever arising out of, because of, or due to the breach of this agreement by the. Public Body, its agents or employees, or due to any act or occurrence or ommission or commission of the Public Body, its agents or employees. .It is specifically under- stood and agreed that this indemnification agreement does not cover or indemnify the Department, or its agents or employees, for its own negligence or breach of contract. J 1974 BOOR aV PAGE171