ORANGE COUNTY TRANSPORTATION AUTHORITY LICENSE AGREEMENT (2) - 2009

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incurred by SCRRA and Member Agency in connection with the work even if the fmal invoicing is provided to Contractor thereafter. Upon satisfactory completion of all work, any payments in excess of SCRRA's and Member Agency's costs and expenditures shall be returned to the Contractor within reasonable time. If there is no amount indicated in the blank space provided above for the deposit to be made by the Contractor, and if prior SCRRA written approval is obtained, in lieu of such deposit, Contractor shall cause surety bond to be executed by a reliable surety acceptable to SCRRA and Member Agency, conditioned upon the faithful performance of the provisions of this Agreement. 13. Temporary Traffic Control Temporary traffic control shall be used when a maintenance or construction activity is located on the Right of Way or when the activity is located in the vicinity of a highway-rail grade crossing, which could result in queuing of vehicles across the railroad tracks. Refer to SCRRA's "Temporary Traffic Control Guidelines" for further information on definitions, referenced standards, traffic control plans, submittals, traffic control elements and responsibility/authority for temporary traffic control at highway-rail grade crossings. The guidelines provide acceptable alternatives and procedures, which prescribe appropriate temporary traffic control measures at highway-rail grade crossings and are ava>lable on the SCRRA website. (http://www.metrolinktrains.com/Public Proiects Site/PDF Files/Temnorary Traffic Control Guidelines.pdfl 14. Environmental Health and Safety Plan Contractor shall immediately notify SCRRA and the appropriate regulatory agency (ies) of any spill, release, discharge or discovery of any hazardous material or contaminants in, on or under the Property. After providing such notice to SCRRA and the appropriate regulatory agency (ies), any contaminated soils or hazardous materials which aze spilled, released, dischazged or discovered by the Contractor, shall be promptly removed and disposed of by Contractor in accordance with all the applicable laws at Contractor's sole cost and expense. To the extent preexisting contamination or hazardous material, which was not caused or contributed to by Contractor, is discovered or unearthed by Contractor, Contractor shall only be obligated by this provision to removing and disposing of that portion of the contaminated soils or hazardous materials that are unearthed or otherwise disturbed during Contractor's operations. Prior to entry onto the Property, Contractor (s) performing trenching, excavations or soil borings may be required by SCRRA to submit a "Hazrodous Materials Work Plan." If required, said plan shall include Contractor's site-specific health and safety plan and any other information that SCRRA may require. Contractor shall ensure that all documentation for transportation or disposal of contaminated soils of hazardous materials is prepared in the Contractor's name only and that neither SCRRA nor Member Agency shall have any responsibility or liability therefor. Contractor shall defend and indemnify SCRRA for any spill, release or discharge of contaminants or hazardous materials by Contractor in connection with activities hereunder in accordance with Section 5 Indemnification (Page 2 of 12) 15. Warranty for Plan Review Review and or approval of the plans and calculations by SCRRA shall not relieve the Contractor of responsibility for full compliance. with contract requirements, correctness of design drawings and details, proper fabrication and construction techniques and coordination with other government and private permitting agencies, nor shall such review or approval by SCRRA in any way relieve Contractor from, or otherwise modify, Contractors' indemnity obligations (Section 5) or assumption of liability obligations (Section 6). Execution of this right of entry does not imply design warranty or responsible chazge on the part of SCRRA engineering employees. The parties expressly agree that SCRRA makes no warranty of any kind and assumes no responsibility therefore. SCRRA FORM NO.6 Page 6 of 13 Rev. 9/18/06