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<br />Transportation Planning Branch. The County is responsible for submittal to the Department's <br />Transportation Planning Branch quarterly project evaluation reports that assess the progress <br />and potential benefits realized for the project as required by federal regulations governing <br />reimbursement of Congressional funding. <br />7. The County, at no expense to the Department shall acquire any needed right of <br />way and/or construction easements required for the project and shall remove from said rights of <br />way all obstructions and encroachments of any kind or character with the exception that the <br />County shall secure an encroachment agreement for any utilities which shall remain or are to <br />be installed within the right of way. The acquisition of right of way and/or construction <br />easements may be undertaken only after the County receives written authorization from the <br />Department to proceed with this phase of the project. Acquisition of all right of way and/or <br />construction easements shall be in accordance with the Right of Way Acquisition Policy <br />contained in the Federal-Aid Policy Guide, 49 CFR Part 24. Further, the County shall indemnify <br />and save harmless the Department, FHWA, and the State of North Carolina, their respective <br />officers, directors, principals, employees, agents, successors, and assigns from and against <br />any and all claims for damages that might arise on account of the acquisition of right of way, <br />drainage and construction easements for the construction of said project in accordance with the <br />plans on file with the Department. If during construction of this project, underground storage <br />tanks or contaminated and/or hazardous material is discovered or becomes known to the <br />County, the County must remove and dispose of said material. The County shall be solely <br />responsible for any damages caused by the existence of said material and shall provide the <br />Department with documentation proving said material's proper disposal. <br />8. The County, at no expense to the Department, shall accomplish or cause to be <br />accomplished the relocation or adjustment of any and all publicly, municipally, or privately- <br />owned utilities in conflict with construction of the project. Said utility work shall be undertaken <br />only after the~County receives written authorization from the Department to proceed and shall <br />-7- <br />