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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 />COOPERATIVE AGREEMENT NO. C-94-859 <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 SORRA, 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 agree <br />that at some future date, the AUTHORITY may, at its option, assign its rights, interest, duties, and <br />obligations under this Agreement as it relates to the Commuter/Intercity Rail Station to another <br />Party, provided that no such assignment shall be effective unless the AUTHORITY has given <br />thirty (30) days prior written notice to CITY. With respect any such assignment of AUTHORITY's <br />use, operation and maintenance of the OC Streetcar System Property, such assignment shall be <br />subject to the same assignment provisions set forth in Section 3.12 of this Agreement. <br />4.05 OCTA/SCRRA Maintenance and Repair The AUTHORITY agrees, at no cost to the CITY, <br />to maintain and repair the Operating Property (Exhibit A) and the OC Streetcar System Property <br />(Exhibit F), in good condition and order, and free from refuse, for the benefit of the public and the <br />persons using the Commuter/Intercity Rail Station for so long as the AUTHORITY shall serve <br />commuter/intercity rail passengers at the Commuter/Intercity Rail Station pursuant to this <br />Agreement. <br />4.06 OC Streetcar System Design and Construction. The AUTHORITY shall fund and implement <br />the design and construction of the OC Streetcar System on the OC Streetcar System Property <br />consistent with the provisions of Cooperative Agreement No. C-5-3583 by and between the <br />Parties for the design phase of the OC Streetcar Project" and upon execution by the Parties, <br />Cooperative Agreement No. C-6-1516, which agreements are, and upon the Parties' execution <br />Page 8 of 13 <br />I:\ca m m\cleri ca I\word proc\agree\ag94859fi na 1.051717vr1. docx <br />