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FORM 723•62 1.22 /AGIE 4 OF 2 10. It is specifically agreed by and between the DEPARTMENT and lite COUNTY that the DEPARTMENT shall receive fair and adequate credit for any salvage which shall accrue to the COUNTY as a result of the above relocation work. 11. It is further agreed that the cost of all improvements made during the relocation work on each project shall be borne by the COUNTY, subject only to the DEPARTMENT bearing such portion of this cost as represents the cost of relocation of previously existing facility, less salvage credit as set forth in the immediately preceding paragraph. 12. Upon completion of the work on each project the COUNTY shall, at the earliest date practicable, and in no event later than one hundred eighty (180) days following the date of completion of the "Relocation Work" by the COUNTY, furnish the DEPARTMENT with two (2) copies of its final and complete billing of all costs incurred in connection with the work on each project performed hereunder, such statement to follow as closely as possible the order of the items contained in the COUNTY's estimate as approved by the DEPARTMENT. Upon the COUNTY's failure to submit proper billing within the 180 day period, the DEPARTMENT may at its discretion, audit the COMPANY'S records and thereby determine the reimbursable amount. The COUNTY hereby waives any right of appeal or protest of such amount as determined by audit. The totals for labor, overhead expense, transportation equipment, material and supplies, handling costs, and other services on each project shall be shown in such a manner as will permit ready comparison with the approved plans and estimates. Materials shall be itemized where they ion, following the pattern set out in the represent major components or costs in the relocat approved estimate as closely as possible. Salvage credits from recovered and replaced permanent and recovered temporary materials shall be reported in said hill in relative position with the charge for the replacement or the original charge for temporary use. The f incl billing shall show the description and site of each project; the dale on which the first work was performed, or, if preliminary engineering right of way items are involved, the date on which the earliest item of billed expense was incurred; the date on which the last work was performed or the last item of billed expense was incurred, and the location where the records and accounts billed can be audited. Adequate reference shall be made in the billing to the COUNTY'S records, accounts and other relevant documents. All cost records and accounts shall be subject to audit by a representative of the DEPARTMENT. Upon receipt of invoices prepared in accordance with the provisions of the DEPARTMENT Procedure No. 132.0+6, the DEPARTMENT agrees to reimburse the COUNTY in the amount of such actual costs as approved by the DEPARTMENT'S auditor. The DEPARTMENT shall retain ten percent from any progress payments. 13. 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 subcontrac- tors 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. It is specifically understood and agreed that this indemnification agreement does not coyer nor indemnify the DEPARTMENT for its own negligence or breach of this contract.