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6. The CITY agrees to cause its utilities installed on right of way after said right of way <br /> was acquired by the STATE or installed within the limits of a roadway after the said <br /> roadway's jurisdiction was assumed by the STATE, to be relocated and/or adjusted, <br /> if required, at no expense to the STATE. <br /> 7. All CITY owned utilities,on STATE right of way within the limits of this improvement,which <br /> are to be relocated/adjusted under the terms of this Agreement,will be relocated/adjusted <br /> in accordance with the applicable portions of the Accommodation of Utilities of Right of <br /> Way, 92 ill. Adm. Code 530. The CITY agrees to obtain from the STATE an approved <br /> permit for the facility,and to abide by all conditions set forth therein. <br /> 8. Upon final field inspection of the improvement and so long as FAP 741 (IL 105) is used as <br /> a State Highway, the STATE agrees to maintain or cause to be maintained the dual <br /> combined structures including the median and the two (2) 12-foot wide through traffic <br /> lanes on each structure along with curb and gutter adjacent to said lanes. <br /> 9. Upon final field inspection of the improvement, the CITY agrees to maintain or cause to <br /> be maintained those portions of the improvement which are not maintained by the STATE, <br /> including CITY owned utilities including appurtenances thereto and highway lighting <br /> including furnishing the electrical energy therefore. <br /> 10.The CITY agrees to provide written approval of that portion of the plans and <br /> specifications relative to the CITY financial and maintenance obligations described <br /> herein, prior to the STATE's advertising for the aforedescribed proposed improvement. <br /> 11.Obligations of the STATE and CIN will cease immediately without penalty or further <br /> payment being required if, in any fiscal year,the Illinois General Assembly or Federal <br /> funding source fails to appropriate or otherwise make available funds for this contract <br /> 12.This AGREEMENT and the covenants contained herein shall be null and void in the <br /> event the contract covering the construction work contemplated herein is not awarded <br /> within the three years subsequent to execution of the agreement. <br /> -3- <br />