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roRM 723•/2 i •w PAGE a or a 2. The COUNTY further agrees that said adjustments. changes or relocation of facilities will be made by the COUNTY with sufficient promptness so as to cause no dela%y to the DEPARVENT or its contractor in the prosecution of such construction or reconstruction work; provided, however, that the COUNTY shall not be responsible for delay beyond its control. and that Stich "Relocation Rork" will be done under the direction of the DEPARTMENT'S engineer; and the COUNTY further agrees that in the event the changes, adjustments or relocation of such facilities or utilities are done simultaneously with the construction project, that it will be directly responsible for handling of any legal claims that the contractor may initiate due to to delays caused by the COUNTY'S negligence; and that the COUNTY will not either proceed with the "Relocation Work" with its own forces or advertise or let a contract for such work until it has received the DEPARTMENT'S written authority to proceed. 3. The COUNTY further agrees that it will maintain and keep in repair, or cause to be mainjained and kept in repair, all of such adjusted, changed or relocated COUNTY owned or operated facilities or utilities within the right of way of said portion of the State Highway System: and to comply with all provisions, of the law, including. Rule 014.46.01. 3. The DEPARTMENT agrees to furnish the COUNTY with all necessary highway construc- tion plans that are required by the COUNTY to facilitate the COUNTY'S "Relocation Rork". 5. The DEPARTMENT further agrees that the COUNTY may relocate its facilities upon the State's right of way, according to the terms of the standard permit required by the State Statutes for occupancy of public rights of way, and all published regulations lawfully adopted by the DEPARTMENT as of the date of this Agreement. 6. Itis mutuall%y agreed that the COUNTY'S plans, maps or sketches showing any such facility or utility to be adjusted, changed or relocated on any individual "Relocation Work" project are, when approved by the DEPARTMENT, made a part hereof by reference. 7. The COUNTY further agrees to indemnify, defend, and save harmless and exonerate the DEPARTMENT of and from all liability, claims, and demands for contractual liability rising out of the work undertaken by the COUNTY, its employees, agents, representatives, or its subcontractors due in whole. or in part, to conditions, actions, or omissions done or committed by the COUNTY: or its subcontractors, its employees, agents, representatives, or its subcontractors.