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COOPERATIVE AGREEMENT NO. C-94-859 <br />1 easement(s) are inconsistent with this Agreement, then the easement(s) shall control. <br />2 3.12 Assignment to Another Party. The Parties hereby acknowledge and agree that at some <br />3 future date, the CITY may, at its option, assign its rights, interest, duties, and obligations under <br />4 this Agreement to another Party as it relates to the Commuter/Intercity Rail Station, provided that <br />5 no such assignment shall be effective unless the CITY provides thirty (30) days prior written notice <br />6 to AUTHORITY. With respect to any such assignment of the CITY's obligations relating to the <br />7 OC Streetcar System Property, such assignment shall be subject to the assignment provisions in <br />8 Article 14, entitled "Assignment", of Cooperative Agreement No. C-6-1433 Use of the City Right <br />9 of Way by and between the Parties (ROW Agreement), and any amendments thereto, which <br />10 Article 14 is incorporated herein by reference. <br />11 ARTICLE 4. RESPONSIBILITIES OF AUTHORITY <br />12 4.01 Platform Lease. The AUTHORITY shall lease the Standard Platform to the CITY for one <br />13 dollar ($1.00) per year. This Agreement constitutes the lease agreement between the <br />14 AUTHORITY and the CITY. <br />15 4.02 Insurance. The OCTA/SCRRA shall, during the term of this Agreement, maintain adequate <br />16 liability insurance and in no event less than two million dollars ($2,000,000) per occurrence and <br />17 in the aggregate, for claims relating to bodily injury, death, property damage and all automotive <br />18 operations, which arise out of OCTA/SCRRA's obligations under this Agreement. Such insurance <br />19 may be in the form of a policy of commercial insurance, self-insurance, joint powers insurance <br />20 authority or combination thereof. The CITY, its officers, employees and agents shall be named <br />21 as an additional insured on the OCTA/SCRRA and AUTHORITY policies. The requirement for <br />22 insurance shall not limit or otherwise modify OCTA's defense and indemnity obligations as set <br />23 forth in Section 4.03 hereof. <br />24 4.03 Indemnity. Neither the CITY nor any officers, employees or agents thereof shall be <br />25 responsible for any damage or liability occurring by reasons of anything done or omitted to be <br />26 done by the AUTHORITY or the SCRRA in connection with the OCTA/SCRRA's responsibilities <br />27 for the Commuter/Intercity Rail Station or AUTHORITY's responsibilities for the OC Streetcar <br />Page 7 of 13 <br />I:\ca m m\clerica I\wo rd p roc\agree\ag94859fi na l.051717vr1. docx <br />