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8.1 Operations
<br />OCTA is responsible for the operations and operational costs for the Streetcar System
<br />with the exception of Santa Ana's contribution as specified in Section 5.3.8 unless stated
<br />otherwise herein.
<br />8.2 Maintenance
<br />OCTA is responsible for all maintenance and maintenance costs for the Streetcar System
<br />unless stated otherwise herein.
<br />Any work performed by Santa Ana on Santa Ana streets where Streetcar System
<br />operates, will be coordinated with OCTA and if feasible will be conducted during non-
<br />operational hours of Project.
<br />SECTION 9 INDEMNIFICATION
<br />A. To the fullest extent permitted by law, the City shall defend (at the City's sole cost and
<br />expense with legal counsel reasonably acceptable to OCTA), indemnify, protect, and
<br />hold harmless OCTA, its officers, directors, employees, contractors and agents
<br />(collectively the "Indemnified Parties "), from and against any and all liabilities, actions,
<br />suits, claims, demands, losses, costs, judgments, arbitration awards, settlements,
<br />damages, demands, orders, penalties, and expenses including legal costs and
<br />attorney fees (collectively "Claims "), including but not limited to Claims arising from
<br />injuries to or death of persons (the City's employees included), for damage to
<br />property, including property owned by OCTA, or from any violation of any federal,
<br />state, or local law or ordinance, alleged to be caused by the negligent acts, omissions
<br />or willful misconduct of the City, its officers, directors, employees, contractors or
<br />agents in connection with or arising out of the performance of this Agreement.
<br />B. To the fullest extent permitted by law, OCTA shall defend (at OCTA's sole cost and
<br />expense with legal counsel reasonably acceptable to the City), indemnify, protect,
<br />and hold harmless the City, its officers, directors, employees, contractors and agents
<br />(collectively the "Indemnified Parties "), from and against any and all liabilities, actions,
<br />suits, claims, demands, losses, costs, judgments, arbitration awards, settlements,
<br />damages, demands, orders, penalties, and expenses including legal costs and
<br />attorney fees (collectively "Claims "), including but not limited to Claims arising from
<br />injuries to or death of persons (OCTA's employees included), for damage to property,
<br />including property owned by the City, or from any violation of any federal, state, or
<br />local law or ordinance, alleged to be caused by the negligent acts, omissions or willful
<br />misconduct of OCTA, its officers, directors, employees, contractors or agents in
<br />connection with or arising out of the performance of this Agreement.
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