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m Page 9 of 15 <br /> <br /> mm incorporated by reference. If any Project equipment is not used in <br /> <br /> accordance with this Section or is withdrawn from the transportation <br /> service, whether by planned withdrawal or casualty loss, the Contractor <br /> <br /> mm shall immediately contact the Department. If the Department determines that <br /> Project equipment is not being fully utilized, the Contractor shall transfer <br /> <br /> or dispose of the Project equipment at the direction of the Department. <br /> <br /> Failure to carry out the requirements set forth in this Section shall <br /> constitute a breach of contract and, after notification by the Department, <br /> <br /> mmay result in termination of the Agreement. <br /> <br /> Section 11. Maintenance and Inspection. The Contractor shall maintain <br /> <br /> all project equipment at a high level of cleanliness, safety, and mechanical <br /> <br /> soundness. The Department shall conduct inspections, not less than once <br /> m every two (2) years, to confirm proper maintenance pursuant to this Section <br /> <br /> mmand use compliance in accordance with Section 11 of this Agreement. The <br /> Contractor shall maintain all records of maintenance deemed necessary and <br /> <br /> mappropriate by the Department until disposition of Project equipment. <br /> <br /> Section ]2. Insurance. The Contractor shall be responsible for <br /> protecting the federal and state financial interests in project equipment <br /> <br /> mpurchased under this Agreement throughout the useful life of the equipment. <br /> The Contractor shall provide, on an annual basis and in such manner as the <br /> <br /> Department may require, written documentation that all equipment is insured <br /> against loss in an amount equal to or greater than ninety (90%) percent of <br />mm the real value of the equipment. Failure of the Contractor to provide <br /> adequate insurance shall be considered a breach of contract and, after <br />mm notification by the Department, may result in termination of this Agreement. <br /> <br />mm Section ]3. Useful Life of Project Equipment. "Useful llfe" for all <br /> Project equipment shall be determined by the Department. Upon the end of <br />m <br />m <br /> <br /> <br />