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before performing any work on CITY facilities in said AREA OF COMMON USE, <br />where such work will be performed within channel or levee areas, if said <br />work will in any way alter or obstruct the flow of or potential flow of <br />waters within said flood control and water conservation works. <br />3. DISTRICT has and reserves the right to use AREA OF CCIMN USE in any manner <br />not in conflict with CITY'S needs for the proposed reinforced box culvert <br />and appurtenances, without necessity for any further permit or permission <br />from CITY. DISTRICT shall, except in emergencies, give reasonable notice <br />to CITY before performing any work which may affect CITY'S facilities in <br />said AREA OF OONIIM USE. <br />4. CITY shall indemnify, defend and hold harmless the DISTRICT and/or the <br />County of San Bernardino, their officers, agents, volunteers and employees <br />from and against any and all claims, demands, loss or liability of any <br />kind or nature which the DISTRICT and/or County, their officers, agents, <br />volunteers or employees, may sustain or incur or which may be imposed upon <br />them, for property damage and/or injury to or death of any persons arising <br />from this contract. <br />workers' compensation: Statutory Workers' Ccupensation Insurance. The <br />CITY shall require the carriers of this coverage to waive all rights <br />of subrogation against the DISTRICT' or the County, their officer, <br />volunteers, enployees, contractors and subcontractors. <br />caTrehensive General and Automobile Insurance: This coverage to <br />include contractual coverage and aut mobile liability coverage for <br />owned, hired, and non -awned vehicles. The policy shall have combined <br />Page 3 of 4 FA28816 <br />