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DEP Legal Agreement on Sewer Matter, Nov 1988

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Letter from DEP Office of Legal Counsel enclosing an executed agreement regarding a sewer matter near 11th Avenue and West 33rd Street.

NYC-WTC_000165687–000165696

Folder label: “AMTRAK'S West Side Connection

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NYC 9/11 Public Portal Document

and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound. Amtrak and DEP agree as follows: !• DEP Approval of Amtrak Construction Plans. DEP has approved Amtrak's plans for construction of the New Sewer. Such approval was contained in a letter dated February 22, 1988, from Mr. Magdi Farag of DEP, a copy of which letter (without enclosures) is attached hereto as Exhibit A. 2. Amtrak to Pay For Construction of New Sewer. Amtrak shall bear all costs of constructing the New Sewer, which work shall be performed in connection with Amtrak's construction of the Tunnel. The New Sewer shall not be put into use until DEP has certified in writing to Amtrak that construction of the New Sewer has been satisfactorily completed. Indemnification bv Amtrak. Amtrak agrees to indemnify and save harmless DEP and the City of New York from and against any and all liability for injuries or death to any person, and for loss of, damage to, or destruction of any property, arising out of the sole negligence of Amtrak, its employees, agents or contractors, in constructing the New Sewer. 4- Responsibilities After Construction of New Sewer. Upon certification by DEP that construction of the New Sewer has been satisfactorily completed, the following shall pertain for so long as Amtrak owns and operates the Line: a. All costs associated with the maintenance. repair, replacement or reconstruction of the New Sewer, or installation of new equipment, shall be the sole responsibility

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NYC-WTC_000165691

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NYC-WTC_000165691Source: NYC Law Department, mirrored locally

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