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described in Section 1 hereof. Work to be in accordance with applicable <br /> CITY technical standards and specifications. (Standard Specifications <br /> for Municipal Public Works Construction, APWA, Latest Edition); <br /> provided that said construction shall not be considered a public work <br /> until acceptance by the CITY of said right-of-way dedication. <br /> 7. The CITY agrees to close Upper Ridge Road, during the construction of <br /> Phase I, between the Boeing Haul Road and Glenwood Avenue for a <br /> period not to exceed one year from the date that public use of the <br /> existing link is terminated (see Section 6 hereof). <br /> 8. The CITY shall provide inspection during the construction of the Upper <br /> Ridge Road realignment; provided that ASSOCIATED shall be <br /> responsible for all third party liabilities arising from said construction, <br /> and, further, ASSOCIATED shall indemnify and hold harmless the CITY <br /> from any and all losses or damages arising from the construction of the <br /> Upper Ridge Road re-alignment, and shall defend and pay all expenses <br /> of defending any suit which may be brought against the CITY by any <br /> third party alleging injury by reason of acts of omission relating to said <br /> construction and will pay any judgement obtained against the CITY in <br /> such suit. ASSOCIATED shall obtain appropriate liability insurance <br /> against such third party claims and the CITY shall be named insured <br /> under such insurance. This indemnification provision shall terminate <br /> upon CITY'S acceptance of the Phase I construction as provided herein. <br /> 9. The CITY and ASSOCIATED understand that a 60 foot public right-of- <br /> way and slope easement corridor will be required through <br /> ASSOCIATED's property for the proposed future Phase II construction <br /> of an East-West link between Upper Ridge Road and Hardeson Road, <br /> and the parties shall attempt to negotiate a Phase II alignment which <br /> will least interfere with ASSOCIATED's plans for future development of <br /> its property while providing an alignment which may be acquired and <br /> improved at the least cost to the public. In the event of irreconcilable <br /> differences regarding the parties respective objectives, the CITY may <br /> commence appropriate eminent domain proceedings. <br /> -4- <br />