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Upon execution of this Agreement, Participant will deliver to the <br /> Department an opinion of counsel, acceptable to the Department, that <br /> this Agreement is legally binding upon Participant and shall furnish <br /> the Department a certified copy of a resolution authorizing the <br /> execution of this Agreement. <br /> ITEM 10. INDEMNIFICATION <br /> The Participant agrees to hold harmless and indemnify the State <br /> from any and all liabilities, whether at law or in equity, resulting <br /> from any and all claims, suits or actions for damages, including <br /> attorney's fees, for personal injury or death or loss or destruction <br /> of property whatsoever arising out of the existence of this <br /> Agreement or the payment of grants hereunder. The Department agrees <br /> promptly to notify Participant in writing of the assertion of any <br /> such claim, suit or action in which the State or Department is a <br /> defendant. <br /> ITEM 11. INDEPENDENCE OF PARTICIPANT <br /> The Participant agrees that none of its officers, employees or <br /> agents, by reason of this Agreement or grants made hereunder, is or <br /> was authorized to hold themselves out or claim to be officers, <br /> employees or agents of the State, and that none of them is to be <br /> permitted by the Participant, by reason of this Agreement or the <br /> grants hereunder, to make any claim, demand or application to or for <br /> any right or privileges concerning workmen's compensation and <br /> occupational diseases coverage, unemployment compensation benefits, <br /> Social Security coverage or retirement membership or credit. <br /> ITEM 12. INSPECTION I <br /> The Participant agrees to permit the Department to, at I <br /> reasonable times, conduct such inspections or examinations of I <br /> Participant's public transportation service as, in the �udgment of <br /> the Department, may be advisable in connection with this Agreement. <br /> All such inspections shall be performed without disruption or <br /> interference with any transportation service or other business <br /> activity of Participant or any Service Board. <br /> 12 <br />