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FILE: OC -87
<br />restore the OCTA Property to its condition immediately preceding the commencement of
<br />such Work.
<br />5. Contractors: Approval and Insurance. Any contractors of Licensee performing
<br />Work on the Facility or the License Property shall first be approved in writing by OCTA.
<br />With respect to such Work, Licensee shall, at its sole cost and expense, obtain and
<br />maintain in full force and effect, throughout the term of such Work, insurance, as required
<br />by OCTA, in the amounts and coverages specified on, and issued by insurance
<br />companies as described on, Exhibit 'B" attached hereto and incorporated herein by
<br />reference. Additionally, Licensee shall cause any and all of its contractors and
<br />subcontractors which may (a) be involved with such Work, or (b) may, for any reason,
<br />need to enter onto the License Property, to obtain and maintain in full force and effect
<br />during the Term of this Agreement, or throughout the term of such Work (as applicable),
<br />insurance, as required by OCTA, in the amounts and coverages specified on, and issued
<br />by insurance companies as described on, Exhibit "B". OCTA reserves the right,
<br />throughout the Term of this Agreement, to review and change the amount and type of
<br />insurance coverage it requires in connection with this Agreement on the Work to be
<br />performed on the License Property.
<br />6. Reimbursement. Licensee agrees to reimburse OCTA for all reasonable costs and
<br />expenses incurred by OCTA in connection with Work on or maintenance of the License
<br />Property or the Facility, including, but not limited to, costs incurred by OCTA in furnishing
<br />any materials or performing any labor, reviewing Licensee's Work plans and/or inspecting
<br />any Work, installing or removing protection beneath or along OCTA's tracks, furnishing of
<br />watchmen, flagmen and inspectors as OCTA deems necessary and such other items or
<br />acts as OCTA in its sole discretion deems necessary to monitor or aid in compliance with
<br />this Agreement.
<br />7. Lkm, Licensee will fully and promptly pay for all materials joined or affixed to
<br />Facility or the OCTA Properly, and fully and promptly pay all persons who perform labor
<br />upon said Facility or the OCTA Property. Licensee shall not suffer or permit to be filed or
<br />enforced against the OCTA Property or the Facility, or any part thereof, any mechanics',
<br />materialmen's, contractors', or subcontractors' liens or stop notices arising from, or any
<br />claim for damage growing out of, any testing, investigation, maintenance or Work, or out
<br />of any other claim or demand of any kind. Licensee shall pay or cause to be paid all such
<br />liens, claims or demands, including sums due with respect to stop notices, together with
<br />attorney's fees incurred by OCTA with respect thereto, within ten (10) business days after
<br />notice thereof and shall indemnify, hold harmless and defend OCTA from all obligations
<br />and claims made against OCTA for the above described work, including attorney's fees.
<br />Licensee shall furnish evidence of payment upon request of OCTA. Licensee may
<br />contest any lien, claim or demand by furnishing a statutory lien bond or equivalent with
<br />respect to stop notices to OCTA in compliance with applicable California law. If Licensee
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