VISTA DEL RIO HOUSING PARTNERS, L.P. (2)

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7. SANTA ANA agrees to permit ORANGE access to the Easement area and all other portions of the intersection within the jurisdictional limits of SANTA ANA to perform routine maintenance work as described below. The permitted area shall extend to include all of the facilities comprising the System, including the signal poles, mast arms, safety lighting, underground conduits, pull boxes and detector loops. 8. ORANGE agrees to provide routine maintenance and operation of the System, subject to the terms and conditions of this Agreement. 9. Routine maintenance work shall include furnishing and/or contracting for monthly preventative evaluation of equipment, repairs or replacements as required to assure satisfactory service of the System. Installation of additional facilities is not a maintenance function under the provisions of this Agreement, 10. Routine operational functions shall include furnishing of electrical energies, signal timing, and other engineering studies necessary to assure satisfactory operation as defined in the latest California Manual of Uniform Traffic Control Devices. 11. ORANGE shall indemnify, defend and hold Property Owner and SANTA ANA harmless from any and all liability for damage to property or injury to person arising from the maintenance and repair of the System after its dedication to ORANGE. Property Owner shall indemnify, defend, and hold ORANGE harmless from any and all liability arising from the ownership, operation, condition or maintenance of the Site that is unrelated to the System, provided, however, that Property Owner shall not be required to indemnify ORANGE with regard to any claims arising from the negligence or misconduct of ORANGE related to the System. 12. Each and all of the covenants, conditions, restrictions, obligations and provisions contained in this Agreement (whether affirmative or negative in nature) shall be covenants running with the land pursuant to California Civil Code Section 1468 in that said covenants and restrictions (i) affect the Site and each and every part thereof, (ii) benefit adjacent public lands and each and every part thereof, (iii) shall bind each and every person having any interest in the Site or any part thereof derived through the Property Owner, whether such interest is fee, easement, leasehold, beneficial or otherwise and each successor and assign of such person, for the benefit of the Site and the public lands and every part thereof, and (iv) relate to the use, repair, maintenance and improvement of the Site and the public lands and every part thereof. Said terms, covenants, conditions, restrictions and easements shall also be mutual equitable servitudes upon the Site and each part thereof in favor of and appurtenant to each and every other part thereof and the public lands, and shall bind each and every person having any interest in the Site or any part thereof, whether such interest is fee, leasehold, beneficial or otherwise, and each successor or assign of such person having any such interest in the Site or any part thereof. 13. In any lawsuit or other legal action taken to enforce any provision of this Agreement on the collection of any amount due hereunder, the prevailing party shall be entitled to recover its reasonable attorneys' fees. 91