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' a <br />:pr 'eE1Cf:7arce1 condemned the in:'.tr1iT'ents vv:"+{ ing the free, cle,1:" dile <br />unencumbered title thereto in the State 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 />ar.:: t a: all pnysical encumbrances a: -o removed and that said rights <br />of way are ready for construction of said portion of said flection. <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 :or 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 a.nd 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, i <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 bonds issued for the pur- <br />pose of construction this. project, or from'secondary gasoline tax <br />zurds (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 />ly <br />-4 <br />APR 51978 34 PAGE183 <br />