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pursuant to CPUC General Order 72 -13, when applicable. Further, the CITY shall <br />procure Railroad Protective Liability Insurance when appropriate, as required by <br />SCRRA guidelines for working within the railroad right of way or within twenty (20) <br />feet of any track. <br />12. If in the future, following the completion of the project, the CITY elects to perform <br />modifications and changes to the crossing or street and sidewalk approaches to <br />the crossing including widening or replacement of the crossing surface, then CITY <br />shall obtain approval for the modification or changes from SCRRA and if <br />applicable from the CPUC and shall reimburse SCRRA for its track, signal and <br />other related work associated with implementing the CITY'S changes and <br />modifications. <br />13. If in the future, CITY elects or is required by competent authority to have SCRRA <br />raise or lower the grade of all or any portion of the track or tracks located on the <br />crossing easement, CITY shall at its expense conform the street and highway in <br />the crossing easement area to conform with the change of grade of the trackage. <br />In addition, CITY shall also reimburse SCRRA for the cost associated with the <br />modifications to the grades of the tracks. <br />14. To reimburse SCRRA for the costs incurred by SCRRA for any additional work <br />performed within the crossing areas after the PROJECT work is completed, upon <br />written request or approval of CITY, provided that emergency work deemed <br />necessary by SCRRA for the immediate restoration of SCRRA operations, or for <br />protection of persons or SCRRA property or property in care, custody, or control <br />of SCRRA within or in the vicinity of the crossing areas may be performed without <br />prior approval and shall be reimbursed by OCTA. SCRRA shall, as soon as <br />reasonably practicable, notify CITY of said emergency and the nature of the work <br />performed. <br />SECTION III <br />MUTUAL AGREEMENT: <br />Neither SCRRA, nor any of SCRRA's board members, member agencies, officers, <br />agents, volunteers, contractors, or employees shall be responsible for any <br />damage or liability occurring by reason of any acts or omissions on the part of <br />CITY or CITY Indemnitees (as defined in Paragraph 2 of this Section) under or in <br />connection with the PROJECT. CITY shall indemnify, defend and hold harmless <br />SCRRA, as well as its board members, member agencies, officers, volunteers, <br />and employees ( "SCRRA Indemnitees ") from any and all liability, loss, expense <br />(including reasonable attorneys' fees and other defense costs), demands, suits, <br />liens, damages, costs, claims, including but not limited to, claims for bodily injury, <br />death, personal injury, or property damage, that are incurred by or asserted <br />against the SCRRA Indemnitees arising out of or connected with any negligent <br />acts or omissions on the part of the CITY and CITY Indemnities, and any SCRRA <br />Grade Crossing Safety Enhancement Project Page 7 of 14 Construction and Maintenance Agreement <br />City of Santa Ana <br />