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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />defense and indemnity obligations as set forth in Section 4.03 hereof. <br />4.03 Indemnity. Neither the CITY nor any officers, employees or agents thereof shall be <br />responsible for any damage or liability occurring by reasons of anything done or omitted to be <br />done by the AUTHORITY or the SCRRA in connection with the OCTA/SCRRA's responsibilities <br />for the Commuter /Intercity Rail Station or AUTHORITY's responsibilities for the OC Streetcar <br />System Property under this Agreement. It is also understood and agreed that, pursuant to <br />Government Code Section 895.4, the AUTHORITY shall fully indemnify, defend and hold the <br />CITY harmless from any liability imposed for injury (as defined by Government Code Section <br />810.8), occurring by reason of anything done or omitted to be done by the AUTHORITY or the <br />SCRRA in connection with the OCTA/SCRRA's responsibilities for the Commuter Rail /Intercity <br />Rail Station under this Agreement. This same indemnification, defense and hold harmless <br />obligation is imposed upon AUTHORITY, but not SCRRA, with respect to anything done or <br />omitted to be done by AUTHORITY in connection with AUTHORITY's responsibilities for the OC <br />Streetcar System. <br />4.04 Assignment to Another Party. The Parties to this Agreement hereby acknowledge and <br />agree that at some future date, the AUTHORITY may, at its option, assign its rights, interest, <br />duties, and obligations under this Agreement as it relates to the Commuter /Intercity Rail Station <br />to another Party, provided that no such assignment shall be effective unless the AUTHORITY <br />has given thirty (30) days prior written notice to CITY. With respect any such assignment of <br />AUTHORITY's use, operation and maintenance of the OC Streetcar System Property, such <br />assignment shall be subject to the same assignment provisions set forth in Section 3.12 of this <br />Agreement. <br />4.05 OCTA/SCRRA Maintenance and Repair The AUTHORITY agrees, at no cost to the <br />CITY, to maintain and repair the Operating Property (Exhibit A) and the OC Streetcar System <br />Property (Exhibit F), in good condition and order, and free from refuse, for the benefit of the <br />public and the persons using the Commuter /Intercity Rail Station for so long as the AUTHORITY <br />shall serve commuter /intercity rail passengers at the Commuter /Intercity Rail Station pursuant to <br />8of13 <br />25H -12 <br />