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EXHIBIT 5 <br /> Santa Ana Blvd. Grade Separation—City of Santa Ana SCRRA Project No: TBA <br /> Design Services Agreement <br /> SCRRA File No.: TBD <br /> Orange Subdivision. <br /> MP 175.13 <br /> agreement, as defined in Government Code §895, each of the PARTIES hereto, pursuant <br /> to the authorization contained in Government Code §895.4 and §895.6, will assume the <br /> full liability imposed upon it or any of its officers, agents or employees by law for injury <br /> caused by that party's negligent or wrongful act or omission occurring in the performance <br /> of this AGREEMENT to the same extent that such liability would be imposed in the <br /> absence of§895.2 of such code. To achieve this purpose, each party agrees to indemnify <br /> and hold harmless the other for any cost or expense that may be imposed upon such other <br /> solely by virtue of said §895.2. The provisions of Civil Code §2778 are made a part hereof <br /> as if incorporated herein. Should any rights or obligations in this Section III.3. be in <br /> conflict with Sections III.1. and III.2., above, the rights and obligations established in this <br /> section shall prevail. <br /> 6. This AGREEMENT contains the entire understanding of the PARTIES and cannot be <br /> amended or modified except by a written amendment executed by both PARTIES. <br /> 7. To the extent reasonably practicable, SCRRA and CITY shall work to resolve any disputes <br /> in a timely manner to avoid delay costs. <br /> 8. The unenforceability, invalidity, or illegality of any provision of this AGREEMENT shall <br /> not render the other provisions unenforceable, invalid, or illegal. <br /> 9. If any term,provision, covenant or condition of this Agreement is held to be invalid,void <br /> or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the <br /> remainder of this Agreement shall not be affected thereby, and each term, provision, <br /> covenant or condition of this Agreement shall be valid and enforceable to the fullest extent <br /> permitted by law. <br /> 10. In addition to the specific provisions of this AGREEMENT, delay in performance by any <br /> party hereunder shall not be a default where delays or defaults are due to war; insurrection; <br /> strikes; lock-outs; riots; floods; earthquakes; weather; fires; casualties; accidents; <br /> emergencies; acts of God; acts of the public enemy; epidemics; quarantine restrictions; <br /> -9- <br />