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?NiETR??L1?NK. ?®?p .?D afEomeys' fees), that are incuned by Indemn?ees aristreg out of ee? (yam' directors. afRltates. subooMracto?s or ager? owr anyo a directly or !red rep pi?oye?d ? them or for whose acts the foregoing persons are Ilabte (cogedivey, 'PersonneP) to oonnedtan Muth or arising from the presence upon or performance of adivitles by the Contractor or its Personnel with reaped: to the Right-of-Way, (i? bodgy and/or personal injury or death of any person (inducting without limitation empk>)rees of Indemnitees) or damage to or?loss of use of Property resulting from such ads or omissions of the Contractor or its Personnel, or (iii) non- performance or breach by Contractor or its Personnel of any term or condition of this Agreement, in each case whether occurring during the term of this Agreement or thereafter. The foregoing indemnity shag be effective regardless of any .negligence , (whether alive, passive, derlvativa, joint, concurring or comparative) on the part of Indeninibees, unless caused by the sole negggence or wi[tful misconduct of Indemnttees, and Is in addition to any other rights or remedies, which Indemnitees may have under the law or under this Agreement Claims against the ? Indemnitees by the Contractor or its Personnei shag not timR the ContracDor'8 hidemnificatbn obggatiorrs hereunder in any way, whether or Trot such daLns against Indemnitees may result in any limitation of the amount or type of damages, compensation, or benefits payable by or for the Contractor or [ts Personnel under worlcens+ compensation acts. d?abgily benefit acts or other employee. benefit acts or? tnsurartoe. _ The provisions of this section shall survive the termination ac expiration of the Agreement: S. Assumption of Lfabllity To the ma?dmum extent atiowed by law, the Contractor releases Indemnitees from and assumes any and ail risk of loss, damage or injury of any kind to any person or Property, including wRhout limitation, the Property and/or Right?Way and any other Property of, or under the oontro! or arstody ot, the Contractor or its personnel in oonnedlon with 'any ads undertaken under or in c?rrnedlon with titer Agreement. The CotrfracLoYS assumption of risk shall include, without tirriilation, loss or damage caused by defects in any strudure? or improvements (inducting easement. lease or goense agreemems Tor other exiatin8 improvements and utilities) on the Right-0f-Way, axident or ftre or other casualty on the Right o?Way, or eledriral discharge, notes or vibration resulting from SCRRA, Member Agency, and Operating Railroad transit operetions on or near the Right-oFWay and any other persons or companies employed, retained or engaged by SCRRA or Member Agency. The Contractor, on behaK of itself and its Personnel (as deflried in Section 4, 'Indemnification`? as a material part of the eonstderation for this Agreement, hereby waives all claims and demands against thq tndemnitees for any such ions, damage or injury of the Contractor and/or its Personnel. The Contredor waives the benefit of CatHomia Civil Code Belton !542, wh?h provides as fogows: 'A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materiagy afiecbed his seltierrtent with the debtor.' . T?`° r9 Celli ShaO ? tvo ii. f m+in?ti?n r v ? narie?n of fhi?agrw?:?r+?? f 6. Retmbursement?of Costs and f[nnner?s.?raa The Contrec?or' agrees to reimburse SCRRA or Member Agency actual cost?a¢d expense. reasonably Incurred for aq services and work performed to conrrectton with said work, including SCRRA FO?Ri 6 Page 3016 Rev 07QQIi1'