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COOPERATIVE AGREEMENT NO. C-94-859 <br />1 Streetcar System Property that is described in Exhibit C, in good condition and order, and free <br />2 from refuse, for the benefit of the public and the persons using the Commuter/Intercity Rail Station <br />3 for so long as the AUTHORITY shall serve commuter/intercity rail passengers at the <br />4 Commuter/Intercity Rail Station pursuant to this Agreement. <br />5 3.04 OCTA/SCRRA Right of WaV Right of Entry. CITY shall, and shall require its contractors, to <br />6 notify and receive prior permission from the SCRRA in advance of any work to be performed on <br />7 the SCRRA/OCTA Right of Way. Additionally, the CITY and its contractors shall comply with all <br />8 SCRRA safety requirements and obtain appropriate SCRRA Right of Entry documents. <br />9 3.05 OC Streetcar System Property Right of Entry. All work activities, either those of the CITY <br />10 or third parties, within the controlled work access zone limits depicted and described in Exhibit D, <br />11 Streetcar Controlled Work Access, require a permit issued by the AUTHORITY prior to work <br />12 commencing. The CITY shall not issue any permits to any third parties to work in the Streetcar <br />13 Controlled Work Access area, within the controlled work access zone without prior evidence of a <br />14 current AUTHORITY access permit. <br />15 3.06 Insurance. The CITY shall, during the term of this Agreement, maintain adequate liability <br />16 insurance and in no event less than two million dollars ($2,000,000) per occurrence and in the <br />17 aggregate, for claims relating to bodily injury, death, property damage and all automotive <br />18 operations, which arise out of CITY's obligations under this Agreement. Such insurance may be <br />19 in the form of a policy of commercial insurance, self-insurance, joint powers insurance authority <br />20 or combination thereof. The AUTHORITY, its officers, agents and employees shall be named as <br />21 an additional insureds on the CITY's policies. The requirement for insurance shall not limit or <br />22 otherwise modify the CITY's defense and indemnity obligations as set forth in Section 3.07 hereof. <br />23 3.07 Indemnity. Neither the AUTHORITY nor the SCRRA nor any officers, employees or agents <br />24 thereof shall be responsible for any damage or liability occurring by reason of anything done or <br />25 omitted to be done by the CITY in connection with the CITY's responsibilities under this <br />26 Agreement. The CITY shall be responsible for handling and processing any and all claims relating <br />27 to the CITY's responsibilities under this Agreement. It is also understood and agreed that, <br />Page 5 of 13 <br />I:\ca mm\clerica I\wo rd proc\agree\ag94859fi na l.051717vrl.docx <br />