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M <br />S. It is expressly understood and agreed by the parties hereto <br />that the wiring of the cabi:iets and the timinsil of the signals will be <br />:,ucl, that the traffic will he properly handled at the time of the comple- <br />tion of the installation of the signals. Necessary modifications in <br />timin- or minor circuitry may be made by the Public Body to accommodate <br />the changing needs of traffic but the Department reserves the right to <br />examine the equipment at any time, and after due consultation with the <br />parties herrto, specify timing; and phasing that will provide a safe <br />and expeditious traffic floe in the State highway system. <br />6. The Public Body shall not modify the equipment to provide <br />additional phases or intervals without written permission from the <br />Department. <br />7. The Public Body hereby agrees to indemnify, defend, save and <br />hold harmless the Department for all claims, demands, liabilities and <br />suits of any nature whatsoever arising out of, because of, or due to <br />the breach of this agreement by the Public Body, its agents or employees, <br />or due to ap.v act or occurrence nr omission or commission -of the Public <br />Body; its agents or emri.oyees. It is specifically understood and agreed <br />that this indemnification agreement does not cover or indemnify the <br />Department or its agents or employees for its own negligence or breach <br />of contract. <br />8. It is mutually agreed that the Department's Director of Road <br />.,Operations shall decide all questions, difficulties and disputes of any <br />nature whatsoever that may arise t% dcr, or,by reason of, this agreement, <br />the prosecution and fulfillment of the services herounder, and the <br />-character, quality, amount and value thereof; and his decision upon all <br />claims, questions and disputes shall bo. final and conclusive upon the <br />parties hereto. <br />9. it is understood and agreed by the parties hereto that this <br />agreement shall remain in force during the life of the originally <br />installed equipment and any replacement equipment installed by the <br />0 <br />NOV 31976 <br />.a. <br />ee� 7197 <br />A, --, ' ` <br />