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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 8 <br /> <br /> Rev. 3-22-OS <br /> <br />