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City of Santa Ana
<br />Agreement Number: CCL-5063-213
<br />AMS ADV ID: 1224000042
<br />Page 16 of 19
<br />e. Avoidance of Infringement: In performing work under this RGA, AGENCY and its employees
<br />agree to avoid designing or developing any items that infringe one or more patents or other
<br />intellectual property rights of any third party. if AGENCY or its employees becomes aware of
<br />any such possible infringement in the course of performing any work under this RGA, AGENCY
<br />or its employees shall immediately notify CALTRANS in writing.
<br />f. Contractors, Subcontractors, and Subrecipients: Through contract with its sub -recipients,
<br />contractors, and subcontractors, AGENCY shall affirmatively bind by contract all of its
<br />contractors, subcontractors, subrecipients, and service vendors (hereinafter "AGENCY's
<br />Contractor/Subcontractor/Subrecipient") providing services under this RGA to conform to the
<br />provisions of paragraphs 31-33 of this RGA. In performing services under this RGA, AGENCY's
<br />ContractorlSubcontractorlSubrecipient shall agree to avoid designing or developing any items
<br />that infringe one (1) or more patents or other intellectual property rights of any third party. If
<br />AGENCY's ContractorlSubcontractorlSubrecipient becomes aware of any such possible
<br />infringement in the course of performing any work under this RGA, AGENCY's
<br />ContractorlSubcontractorlSubrecipient shall immediately notify the AGENCY in writing, and
<br />AGENCY will then immediately notify CALTRANS in writing.
<br />34. Visual Art Located on California State Right -of -Way
<br />AGENCY agrees if Project involves visual art located on California State right-of-way, Project must
<br />be submitted and adhere to CALTRANS' most current Transportation Art Proposal process,
<br />policies, guidelines, and requirements. Information regarding CALTRANS' Transportation Art
<br />program can be found at https:/Idot.ca.gov/programs/design/lap-landscape-architecture-and-
<br />community-livabilityllap-liv-j-transportation-ark. AGENCY bears sole responsibility for ensuring that
<br />any Project will be timely submitted through CALTRANS' Transportation Art Proposal process,
<br />approved, and installed prior to any deadlines as required by this RGA.
<br />a. AGENCY acknowledges that funds provided by CALTRANS under this RGA shall not be used
<br />for maintenance outside of the project time limits as provided in this RGA.
<br />b. AGENCY acknowledges that the CALTRANS' Transportation Art Proposal process requires,
<br />among other things, CALTRANS ownership of any tangible visual final artwork, an unlimited,
<br />irrevocable copyright assignment to CALTRANS of the final artwork, and waiver of moral rights
<br />under California Civil Code § 987 (the California Art Preservation Act) and 17 U.S.C. § 106A(a)
<br />(the Visual Artists Rights Act of 1990, WARA") of the final artwork.
<br />c. AGENCY acknowledges that any submittal to the CALTRANS' Transportation Art Proposal
<br />process includes restrictions on the type of work that can be located on California State right-of-
<br />way.
<br />35. Assumption of Risk and Indemnification Regarding Exposure to Environmental Health Hazards
<br />In addition to, and not a limitation of, AGENCY's indemnification obligations contained elsewhere in
<br />this Agreement, AGENCY hereby assumes all risks of the consequences of exposure of
<br />AGENCY's employees, agents, Subcontractors, Subcontractors' employees, and any other person,
<br />firm, or corporation furnishing or supplying work services, materials, or supplies in connection with
<br />the performance of this Agreement, to any and all environmental health hazards, local and
<br />otherwise, in connection with the performance of this Agreement. Such hazards include, but are not
<br />limited to, bodily injury and/or death resulting in whole or in part from exposure to infectious agents
<br />and/or pathogens of any type, kind, or origin. AGENCY also agrees to take all appropriate safety
<br />precautions to prevent any such exposure to AGENCY's employees, agents, Subcontractors,
<br />Subcontractors' employees, and any other person, firm or corporation furnishing or supplying work
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