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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 /> 8. Should the funds deposited by CITY pursuant to this AGREEMENT be fully depleted at <br /> any time before the DESIGN SUPPORT SERVICES are completed, SCRRA may stop all <br /> work and not recommence until the not-to-exceed limit is amended in writing by the mutual <br /> consent of both Parties and received by SCRRA. <br /> 9. Any monies received from CITY under this AGREEMENT in excess of the amount needed <br /> for completion of the DESIGN SUPPORT SERVICES shall be returned to CITY within <br /> 180 days of completion of the DESIGN SUPPORT SERVICES if funds are not designated <br /> by CITY for the contemplated C&M Agreement. <br /> SECTION III <br /> MUTUAL AGREEMENT: <br /> 1. Neither SCRRA, nor the Operating Railroads as identified by SCRRA, nor any of <br /> SCRRA's board members, member agencies, officers, agents, volunteers, contractors, or <br /> employees, shall be responsible for any damage or liability occurring by reason of any acts <br /> or omissions on the part of CITY under or in connection with any aspect of the PROJECT, <br /> work, authority or obligation agreed to by CITY under this AGREEMENT. CITY shall <br /> indemnify, defend and hold harmless SCRRA, any Operating Railroads, as identified by <br /> SCRRA., as well as their respective board members, member agencies, officers, agents, <br /> volunteers, contractors, and employees("SCRRA Indemnities")from any and all liability, <br /> loss, expense (including reasonable attorneys' fees and other defense costs), demands, <br /> suits, 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 against the <br /> SCRRA Indemnities arising out of or connected with any negligent acts or omissions on <br /> the part of CITY,its staff,contractors,or consultants tinder or in connection with any aspect <br /> of the PROJECT, work, authority or obligation agreed to by CITY under this <br /> -7- <br />