In the event that a road, street, driveway or access drive intersects with a PennDOT right-of-way or any stormwater improvement or other utility will cross a PennDOT right-of-way, the developer shall obtain the necessary highway occupancy permit. In the event that PennDOT requires the Township to sign the highway occupancy permit application or other documents relative to the required highway occupancy permit, the Township shall retain sole discretion whether to sign the application or other documents. Should the Township elect to sign the application and/or other documents required by PennDOT, the developer shall enter into an indemnification agreement in a form acceptable to the Township Solicitor which, among other things, will require that the developer, its successors and assigns, indemnify, defend, exonerate and hold the Township and its and its boards, committees and commissions (including the individual members thereof), their elected and appointed officers and officials and their employees, contractors, other professional consultants, engineers, solicitors, managers, representatives, advisors, predecessors, successors, agents, independent contractors, insurers and assigns harmless from any liability pertaining to, relating to, resulting from, caused by, arising out of or sustained in connection with the Township's signing the application and/or other documents required by PennDOT and any obligation assumed by the Township by virtue of signing the application and/or documents.
A. The Township shall also retain sole discretion concerning acceptance of any road right-of-way, improvements, maintenance responsibilities, etc., which may be imposed by PennDOT relative to improvements contemplated with a PennDOT right-of-way and/or easement.