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05/01/2008 13:59 FAX 5039863625 ODOT ROW EJ 013 <br /> Highway Division <br /> Z e ,L,� : Agreement F1,1e;; 33347, 33348 <br /> and 33358 <br /> • <br /> regoing is not intended to include fuel in tanks of equipment used to operate said <br /> iipment. Operation on and maintenance of premises shall be subject to regulations <br /> State to protect against fires and other hazards. <br /> 8. City.will do nothing on premises which will result in objectionable smoke, <br /> st, fumes, vapors or odors to rise above the grade line of the overhead structures. <br /> 9. City will pay all taxes and assessments which may be assessed by reason <br /> • <br /> City's occupancy of premises. <br /> 10. No use of the airspace above said premises shall be permitted above a horizontal <br /> Zne which is 8 feet below the underside of the overhead highway structure, nor shall there <br /> allowed'the use of the area within 5 feet of the supporting bents of said highway <br /> ructure. <br /> 11. City shall hold State harmless from any claim, suit or action whatsoever for <br /> nage to property or injury to or death of any person or persons arising out of or <br /> 3ulting from City's use and occupancy of premises. <br /> 12. State reserves the right to enter premises for purpose of inspection and to <br /> termine if City is complying with the terms and provision contained herein. <br /> 13. City will maintain premises in a neat, clean and sanitary condition and will <br /> ke all precautions to keep dust down to a minimum. <br /> 14. City agrees that upon termination of the right and license herein granted, ti <br /> ty will immediately remove fencing and other improvements made by it as well as all <br /> ;lipment and material stored on premises. <br /> 15. City agrees that in connection with the construction of any improvements on <br /> emises, no discrimination shall be practiced in the selection of employees and con - <br /> 'ctors, by contractors in the selection and retention of first -tier subcontractors, <br /> d by first -tier subcontractors in the selection and retention of second -tier sub - <br /> otractors, and that City will use premises in compliance with all other requirements <br /> posed pursuant to Title 15, Code of Federal Regulations, Commerce and Foreign Trade, <br /> ktirle A. Office of the Secretary of Commerce, Part 8 (15 C.F.R., Part 8), and <br />