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E771 <br />2. That the Public Body shall, upon completion of the installation and <br />acceptance by the parties hereto, assume the sole responsibility for the <br />maintenance and continuous operation of said signal installation and the pay- <br />ment for all costs for utility service and utility charges incurred in connec- <br />tion with the operation thereof. <br />3. The Public Body shall maintain the signal installation in accordance <br />with Department policies and to a level of maintenance that will provide minimum <br />hazard to movement of traffic: In this,regard the Public Body shall record <br />main"enance activities relative to said traffic signal installation - to a <br />"Department of Transportation Traffic Signal Maintenance Log" or an approved <br />equivalent log. <br />4. That the equipment shall *remain the property of the Department, and it <br />is hereby understood and agreed by the parties hereto that the Public Body may <br />remove any component of the installed equipment for repair but the Public Body <br />shall not, under any condition, permanently remove the main frame of the control <br />unit without the express written permission of the Department. <br />5. It is expressly understood and agreed by the parties hereto that -the <br />wiring of the cabinets and the timing of the signals will be such that the <br />traffic will be properly handled at the time of the completion of the installation <br />of the signals. Necessary modifications in timeing or minor circuity may be made <br />by the Public Body to accommodate the changing needs of traffic but the Department <br />reserves the right to examine the equipment at any time, and after due consulta- <br />tion with the parties hereto, specify timing and phasing that will provide a safe <br />and expeditious traffic flow in the state highway system. <br />6. The Public Body shall not modify the equipment to provide additional <br />phases or intervals without written permission from the Department. <br />7. The Public Body hereby agrees to indemnify, defend, save and hold harmless <br />the Department for all claims, demands, liabilities and suits of any nature whatsoever <br />arising out of, because of, or due to the breach of this agreement by the Public <br />Body, its agents or employees, or due to any act or occurrence or omission or <br />commission of the Public Body, its agents or employees. It is specifically <br />understood and agreed that this indemnification agreement does not cover or indemnify <br />NOV1 71976 <br />e OA <br />