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<br />ARTICLE 6 <br /> <br />COST OVERRUNS <br /> <br />6.1 <br /> <br />SCRRA shall notify the City in advance of any and all possible Project overruns and <br />request approval from the City. The City shall make every effort to approve or deny the <br />cost increase request in a timely manner, but no later than 10 working days after the <br />formal request from the SCRRA. SCRRA shall stop work if necessary to avoid a Project <br />overrun that has not been approved by the City. Project overruns approved by the City <br />shall be the sole responsibility of the City. <br /> <br />ARTICLE 7 <br /> <br />DEFAULT / TERMINATION <br /> <br />7.1 <br /> <br />In the event either party fails to perform its obligations pursuant to this Agreement, the <br />non-defaulting party shall provide written notice to the defaulting party of the default. In <br />the event the defaulting party fails to cure the default within thirty (30) working days <br />from the receipt ofthe notice or to commit to cure the default and to commence the same <br />within thirty (30) working days from receipt of the notice, the non-defaulting party can <br />elect to terminate this Agreement without release of any and all rights and remedies <br />available at law or in equity. <br /> <br />ARTICLE 8 <br /> <br />MAINTENANCE RESPONSIBILITY <br /> <br />8.1 <br /> <br />In accordance with OCTA License Agreement OC-196, the City, at its sole expense, shall <br />be responsible for the repair and maintenance of the Project improvements. City <br />employees or contractors shall not enter onto the railroad right-of-way to maintain the <br />Project improvements unless the City has received prior written permission from SCRRA <br />and made arrangements to comply with all SCRRA safety requirements. The City shall <br />be responsible for the cost of all safety flagging services required for the maintenance of <br />the block wall. <br /> <br />ARTICLE 9 <br /> <br />INDEMNIFICATION <br /> <br />9.1 <br /> <br />The City shall indemnify, defend and hold harmless SCRRA, its Board Members, <br />member agencies, officers, agents, volunteers, contractors and employees from any and <br />all liability, loss expense (including reasonable attorney fees), or claims imposed for <br />injury, damage or death occurring by reason of any alleged acts or omissions on the part <br />of City under or in connection with any work, authority or jurisdiction delegated to City <br />under this Agreement. This indemnity shall survive termination of this Agreement. <br /> <br />9.2 <br /> <br />The SCRRA shall indemnify, defend and hold harmless City, Council Members, officers, <br />agents, contractors and employees of the City of Santa Ana from any and all liability, loss <br />expense (including reasonable attorney fees), or claims imposed for injury, damage or <br />death occurring by reason of any alleged acts or omissions on the part of SCRRA under <br />or in connection with any work, authority or jurisdiction delegated to SCRRA under this <br />Agreement. This indemnity shall survive termination of this Agreement. <br /> <br />Agreement between City of Santa Ana and Southern <br />California Regional Rail Authority for Construction of <br />Block Wall at Santa Ana Regional Transportation Center <br /> <br />3 <br />