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M <br />K • , <br />for each parcel condemned the instruments vc.st'irig the free, char and <br />unencumbered title thereto in the Statd and certifying the removal. of <br />all occupants, tenants, fences, buildings and/or other structures and <br />improvements and adjustments of All facilities and certifying that the <br />free, clear and unencumbered title thereto is vested in the State <br />a: t3= ail physical encumbrances are removed and that said rights <br />of way are ready for construction of said portion of said Section. <br />4. Commencing with the date when the Department shall <br />begin construction operations on said portion of said Section, and <br />at all times thereafter for so long as said portion of said Section <br />shall continue to be a part of the State System of Roads the County, <br />solely at its own expense, shall save, defend and keep the State of <br />Florida, and the Department, its officers, employees and contractors <br />harmless from any and all damages, claims or injuries, actions at <br />law or suits in equity arising from or growing out of any defect or <br />alleged defect affecting the title or right of possession of the <br />State of Florida for the use of said road, to any portions of the <br />lands, borrow pits and easements acquired by the County and required <br />by the Department for said portion of said Section as aforesaid, or <br />because of the lack of title or right of possession thereto or by <br />reason of encumbrances thereon, or failure to have removed occupants, <br />tenants, fences, buildings and/or other structures and improvements <br />or made or caused to be made adjustments of utilities and facilities <br />thereon, and the County agrees to pay and discharge all lawful <br />claims, damages, judgments, decrees and any other expenses arising <br />from or growing out of such claims, injuries, actions or suits. <br />5. The Department agrees, at.the direction of the County, <br />by resolution attached hereto and made a part hereof, to pay for <br />items set forth in Paragraph 7 below, either from proceeds of State <br />of Florida Department of General Services bands issued for.the pur- <br />pose of construction this project, or from secondary gasoline tax <br />funds (Article XII, Section 9(4), of the Florida Constitution, and <br />Section 335.041, Florida Statutes, as amended), <br />6. The County agrees that its acquisition of said rights <br />of way, borrow pits and easements shall -be conducted under supervision <br />-4- <br />800K 31 PA;r.. <br />