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A-2002-147
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ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA)
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A-2002-147
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Last modified
1/3/2012 2:32:46 PM
Creation date
1/25/2005 3:47:27 PM
Metadata
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Contracts
Company Name
Orange County Transportation Authority
Contract #
A-2002-147
Agency
Public Works
Council Approval Date
8/5/2002
Expiration Date
7/31/2014
Destruction Year
2019
Notes
Amended by A-2004-182
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<br />. <br /> <br />. <br /> <br />FILE: OC-196 <br /> <br />or companies employed, retained or engaged by OCTA. Licensee, on behalf of itself and <br />its Personnel (as defined in Section 14) as a material part of the consideration for this <br />Agreement, hereby waives all claims and demands against OCT A for any such loss, <br />damage or injury of Licensee and/or its Personnel. <br /> <br />Licensee accepts the risk that the facts or the law may later turn out to be different than <br />Licensee understands them to be at this time and acknowledges that this assumption of <br />risk and waiver will not be affected by such different state of facts or law. The provisions <br />of this Section shall survive the termination of this Agreement. <br /> <br />16. Insurance. Licensee, at its sole cost and expense, shall obtain and maintain in full <br />force and effect during the Term of this Agreement insurance as required by OCTA <br />naming OCTA, its Officers, Directors, Employees and Agents as additional insured in the <br />amounts and coverages specified and issued by insurance companies as described on <br />Exhibit "B". OCTA reserves the right, throughout the Term of this Agreement, to review <br />and change the amount and type of insurance coverage it requires in connection with this <br />Agreement or the Work to be performed on the License Property. Prior to (a) entering the <br />License Property or (b) performing any Work or maintenance on the License Property, <br />Licensee shall furnish OCTA with insurance endorsements and certificates, evidencing <br />the existence, amounts and coverages of the insurance required to be maintained <br />hereunder. OCTA shall not be liable for the payment of any premiums or assessments <br />for insurance required to be maintained by Licensee under this Agreement. <br /> <br />17. Tests and Inspection OCTA shall have the right at any time to inspect the License <br />Property and the Facility so as to monitor compliance with this Agreement. OCTA shall <br />be permitted to conduct any tests or assessments, including but not limited to <br />environmental assessments, of, on or about the License Property, as it determines to be <br />necessary in its sole judgment or useful to evaluate the condition of the License Property. <br />Licensee shall cooperate with OCTA and its agents in any tests or inspections deemed <br />necessary by OCTA. Licensee shall payor reimburse OCTA and appropriate regulatory <br />agencies, as appropriate, for all reasonable costs and expenses incurred due to the tests, <br />inspections or any necessary corrective work and inspections thereafter. <br /> <br />18. Hazardous/Toxic Materials Use and Indemnity. Licensee shall operate and <br />maintain the License Property in compliance with all, and shall not cause or permit the <br />License Property to be in violation of, any federal, state or local environmental, health <br />and/or safety-related laws, regulations, standards, decisions of the courts, permits or <br />permit conditions, currently existing or as amended or adopted in the future which are or <br />become applicable to Licensee or the License Property ("Environmental Laws"). Except <br />for Hazardous Materials expressly approved by OCTA in writing as shown on Exhibit "C" <br />attached hereto and incorporated herein by reference, Licensee shall not cause or permit, <br />or allow any of Licensee's Parties to cause or permit, any Hazardous Materials to be <br />brought upon, stored, used, generated, treated or disposed of on or about the OCTA <br />Property. Any such approved Hazardous Materials on or about the OCTA Property shall <br /> <br />Page 10 of 15 <br />
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