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GRADE CHANGE LIABILITY <br />42. Agency, if a County, acknowledges the effect and scope of ORS 105.755 and agrees that all acts <br />necessary to complete construction of the Project which may alter or change the grade of existing <br />county roads are being accomplished at the direct request of the County. <br />43. Agency, if a City, hereby accepts responsibility for all claims for damages from grade changes. <br />Approval of plans by State shall not subject State to liability under ORS 105.760 for change of grade. <br />44. Agency, if a City, by execution of Agreement, gives its consent as required by ORS 373.030(2) to any <br />and all changes of grade within the City limits, and gives its consent as required by ORS 33.050{1) <br />to any and all closure of streets intersecting the highway, if any there be in connection with or arising <br />out of the project covered by the Agreement. <br />CONTRACTOR CLAIMS <br />45. Agency shall, to the extent permitted by state law, indemnify, hold harmless and provide legal <br />defense for State against all claims brought by the. contractor, or others resulting from Agency's <br />failure to comply with the terms of this Agreement. <br />46. Notwithstanding the foregoing defense obligations under paragraph 45, neither Agency nor any <br />attorney engaged by Agency shall defend any claim in the name of the State of Oregon or any agency <br />of the State of Oregon, nor purport to act as legal representative of the State of Oregon or any of its <br />agencies, without the prior written consent of the Oregon Attorney General. The State of Oregon. <br />may, at anytime at its election assume its own defense and settlement in the event.that it determines <br />that Agency is prohibited from defending the State of Oregon, or that Agency is not adequately <br />defending the State of Oregon's interests, or that an important governmental principle is at issue or <br />that it is in the best interests of the State of Oregon to do so. The State of Oregon reserves all rights <br />to pursue any claims it may have against Agency if the State of Oregon elects to assume its own <br />defense. <br />MAINTENANCE RESPONSIBILITIES <br />47. Agency shall, upon completion of construction, thereafter maintain and operate the Project at its <br />own cost and expense, and in a manner satisfactory to State and FHWA. <br />WORKERS' COMPENSATION COVERAGE <br />48. All employers, including Agency that employ subject workers who work under this Agreement in <br />the State of Oregon shall comply with ORS 656.017 and provide the required Workers' <br />Compensation coverage unless such employers are exempt under ORS 656.126. Agency shall <br />ensure that each of its contractors complies with these requirements. <br />LOBBYING RESTRICTIONS <br />49. Agency certifies by signing the Agreement that: <br />STDPRO-2005.doc <br />Rev. 3-22-OS <br />