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<br />4. <br /> <br />UPRR agrees that all work upon or in connection with said Facilities shall be <br /> <br />done at such times and in such manner as allowed under a street work permit obtained from City. <br /> <br />Project markers in form and size satisfactory to the City identifying the facility and its owner <br /> <br />shall be installed and constantly maintained by UPRR at street curb lines or such locations as <br /> <br />City shaH approve. Such markers shall be relocated or removed upon request of City without <br /> <br />expense to City. Absence of markers does not constitute a warranty by City that subsurface <br /> <br />installations do not exist and City does not assume any responsibility for protection ofUPRR's <br /> <br />equipment. <br /> <br />5. <br /> <br />UPRR, its agents and employees, shall have the privilege of entry on said street, <br /> <br />under permit, for the purpose of constructing, reconstructing, maintaining and making necessary <br /> <br />repairs to said Facilities. UPRR agrees to keep said street and said Facilities in safe condition, <br /> <br />free from hazards and obstructions, so far as affected by UPRR's operations, to the satisfaction <br /> <br />of City. <br /> <br />6. <br /> <br />UPRR shall assume all risk of damage to said Facilities and appurtenances and to <br /> <br />any other property of UPRR or any property under the control or custody of UPRR while upon <br /> <br />or near the right of way of City incident to the construction or maintenance of said Facilities <br /> <br />caused by or contributed to in any way by the construction, operation, maintenance or presence <br /> <br />on City's street or any utilities or pipelines upon or under said street at the above mentioned <br /> <br />location. <br /> <br />7. <br /> <br />UPRR shall obtain and maintain, at its sole cost, and file with City's Clerk of the <br /> <br />Council, prior to exercising any right or performing any obligation pursuant to this Agreement, a <br /> <br />policy or policies of comprehensive liability insurance, satisfactory to the City Attorney of City, <br /> <br />naming City, its officers, agents and employees, as insured or additional named insured. Said <br /> <br />HID""Speo;¡;o P"jeo"'Senta Ana, CAISanta Ana Uœn..-Final.doc <br />