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<br />9. City shall bc~ responsible for and shall reimburse State for any damage to
<br />State's hridyes, structures, suf,porLiny F.~iers, or any other. property of State,
<br />arising out of or in connection witti City's use of the premises. City shall elso
<br />have full responsibility for and shall take all necessary precau~ions for the
<br />prevention of fire, and the preservation and safety of the State's highway
<br />facilities.
<br />10. State reserves the right to enter or occupy any part of the premises at
<br />any time to perform acts necessary or proper in connection with highway construc-
<br />tion, maintenance, or operation, and for the purpose of inspection to determine
<br />whether City is complying with the provisions of this agreement and for any other
<br />purposes deemed to be in the public interest.
<br />11. City, for.itself, its~representatives, successors, and assigns, as a
<br />part of the consideration for this agreement, does hereby covenant and agree, as
<br />a covenant running with the premises, that (1) no person, on the ground of race,
<br />color, or natural origin, shall.be excluded from participation in, be denied the
<br />benefits of, or be otherwise subjected to discrimination in the use of the
<br />facilities on the premises; (2) that in connection with the construction of any
<br />improvemeiits on the premises and the furnishing of services thereon, no discrimina-
<br />tion shall be practiced in the selection of employees and contractors, by contractors
<br />in the selection and retention of first-tier subcontractors, and by first-tier
<br />subcontractors in the selection and retention of second-tier subcontractors;
<br />(3) that such discrimination shall not be practiced against the public in its
<br />access to and use af the facilities and services provided for public accommodations
<br />(such as eating, sleeping, rest, and recreation) constructed or operated on the
<br />space of the right-of-way; and (4) that City will use the premises in compliance
<br />with all other requirements imposed pursuant to Title IS, Code of Federal Regulations,
<br />Commerce and Foreign Trade, Subtitle A, Office of the Secretary of Commerce, Part 8,
<br />and as said regulations may be amended. In the event of breach of any of the above
<br />nondiscrimination covenants, State shall have the right to terminate this agreement
<br />and to re-enter and repossess the premises and the facilities thereon, and hold the
<br />same as if this agreement had never been made.
<br />12. Occupancy of the premises shall not be such as will permit hazardous or
<br />unreasonably objectionable smoke, fumes, vapor or odors to rise abov~ the grade
<br />line of the overhead structure. Operations on and maintenance of the premises shall
<br />be subject to regulation by State to protect against fire or any other hazard to the
<br />use, safety or appearance of the premises. Use and maintenance of the premises shall
<br />cause no interference with traffic on the highway and maintenance of the premises
<br />by City shall include such emergency maintenance procedures as may be required by
<br />State.
<br />13. Vending or a concessionaire operation is allowable when operated by the
<br />City of Eugene and has prior approval of State.
<br />14. City shall occupy and use the premises at its own risk and expense, and
<br />shall save and hold harmless the State of Oregon, the State Highway Commission,
<br />the members thereof and its officers, agents and employees, from all claims,
<br />suits or actions (including any that may arise from the dropping or falling of
<br />objects or substances, including paint, from State's overhead structures) for any
<br />damage to property or injury or death of any person arising out of or in connec-
<br />tion with the occupancy or use of the premises by City. The foregoing obligation
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