1975-054 - Laserfiche WebLink

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40 4M within the Program limits prior to application of pavement markings and also annually for a two year period commencing on the date of the Depart- ment's approval of.the pavement marking application, Traffic counts are to be obtained in a manner approved by the Department. The Public Body shall obtain hard copies of the accident reports for a period of 12 months prior to the application of any pavement marking and 24 months following the pavement marking application. The accident record periods may be any consecutive 12 month period; however, the before and after periods must be identical. The Public Body shall report to the Depatment by July 15th of r each year, the number of accidents, the number of injuries, and the number of fatalities occurring during the accident record periods and the traffic count for that accident record period. By July 15th of each year, the Public Body shall also complete U. S. Department of Transportation form 1451 as shown in Exhibit'll r 5. The Public Body hereby agrees to.indemnify, defend, save and hold harmless the Department from all claims, demands, liabilities, and suits._ of any nature whatsoever arising out of, because of, or due to the breach of this Agreement by the Public Body, its agents or employees, or due to any act or occurrence or omission or commission of the Public Body, its agents or employees. It is specifically understood and agreed that this indemnifi- cation agreement does not cover or indemnify the Department for its negligence or breach of contact. It is mutually agreed that the Department's Director of Road Operations shall decide all questions, difficulties and disputes of whatever nature which may arise under or by reason of this Agreement, the prosecution and fulfillment of its services hereunder, and the character, quality, amount and value•thereof and his decision upon all claims, questions and disputes -2_