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G'ity/ODOT <br />Agreement No. 24651 <br />and hold State harmless, for all tort claims, contract claims, or any other lawsuit <br />arising out of the contractor's work or City's supervision of the project. <br />3. City shall, to the extent permitted by the Oregon Constitution and the Oregon Tort <br />Claims Act, indemnify, defend, save and hold harmless the State of Oregon from any <br />and all claims, suits, actions of whatsoever nature resulting from or arising out of <br />activities of City, its consultants; its contractors, its officers, subcontractors, agents or <br />employees under this Agreement. <br />4. City shall require its contractor(s) to indemnify the State of Oregon, Oregon <br />Transportation Commission and its members, and Department of Transportation, its <br />officers and employees, for performance of the obligations of contractor(s) under its <br />contracts with City.- <br />5. Notwithstanding the foregoing defense obligations under paragraphs listed under <br />"Indemnifications" above, neither City or its contractor(s), nor any attorney engaged <br />by City shall defend any claim in the name of State of Oregon or any agency of the <br />State of Oregon, nor purport to act as legal representative of the State of Oregon or <br />any of its agencies, without the prior written consent of the Oregon Attorney General. <br />The State of Oregon may, at any time at its election assume its own defense and <br />settlement in the event that it determines that City is prohibited from defending the <br />State of Oregon, or that City is not adequately defending the State of Oregon's <br />interests, or that an important governmental principle is at issue or that it is in the best <br />interests of the State of Oregon to do so. The State of Oregon reserves all rights to <br />pursue any claims it may have against City if the State of Oregon elects to assume its <br />own defense. <br />State Indemnifications <br />State- shall, to the extent permitted by the Oregon Constitution and the Oregon Tort <br />Claims Act, indemnify, defend, save and hold harmless City from any and all claims, <br />suits, actions of whatsoever nature resulting from or arising out of activities of State, <br />its officers, agents or employees under this Agreement. <br />2. Notwithstanding the foregoing defense obligations under the paragraph above, neither <br />State or its contractor(s), nor any attorney engaged by State shall- defend any claim in <br />the name of the City or any agency/department/division of City, nor purport to act as <br />legal representative of City or any of its agencies/departments/divisions, without the <br />prior written consent of the legal counsel of City. City may, at any time at its election <br />assume its own defense and settlement in the event that it determines that State is <br />prohibited from defending City, or that State is not adequately defending City's <br />interests, or that an important governmental principle is at issue or that it is in the best <br />interests of City to do so. City reserves all rights to pursue any claims it may have <br />against State if City elects to assume its own defense. <br />Insurance <br />18 <br />