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committed by any subcontractor or other person employed by or under the supervision of the City for any purpose under this Agreement, and to indemnify the Commission, including its agents, employees and assigns, from every expense, liability or payment arising out of such wrongful or negligent act or omission. It is the intent of the parties that the Commission is to assume no liability for the completion of the contemplated improvement and, if the Commission should expend any funds in connection with this improvement for which it is not reimbursed by the United States Government, the City will reimburse the Commission for those funds. (9) CONSTRUCTION SPECIFICATIONS: Parties agree that all construction under the Surface Transportation Program for the City will be constructed in accordance with current Missouri Department of Transportation (MoDOT) design criteria/specifications for urban construction unless separate standards for the surface transportation system have been established by the City and the Commission subject to the approval of the Federal Highway Administration. (10) ADDITIONAL RIGHT OF WAY: OPTION A: The City shall acquire any additional right of way required for Project STP- 5481(601) and in so doing shall comply with all applicable federal laws, rules and regulations including but not limited to 42 U.S.C. §4601, et seq., the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. OPTION B: The City. shall acquire any additional right of way require~ for Project STP- 5481(601) andin so doing shall comply with all applicable federal laws, rules and regulations including but not limited to 42 U.S.C. §4601, et seq., the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. However, upon written request by the City and written acceptance by the Commission, the Commission shall acquire right of way for the City. Upon approval of all agreements, plans and specifications by the Commission and by the Federal Highway Administration, the Commission will file copies of said plans in the office of the County Clerk of Missouri, and proceed to acquire by negotiation and pumhase or by condemnation any necessary right of way required for the construction of the improvement contemplated herein. All right of way acquired by negotiation and pumhase will be acquired in the name of City, and the City will pay to the grantors thereof the agreed upon purchase prices. Ail right of way acquired through condemnation proceedings will be acquired in the name of the State of Missouri and subsequently released to the City. The City shall pay into court all awards and final judgments in favor of any such condemnees. The City shall also reimburse the Commission for any expense incurred by the Commission in acquiring said right of way, including but not limited to the costs of surveying, appraisal, negotiation, condemnation, and relocation assistance benefits. Unless otherwise agreed to in writing the Commission shall have the final decision regarding the settlement amount in condemnation. (11) REIMBURSEMENT: The cost of the contemplated improvements will be borne by the United States Government and by the City as follows: