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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. This indemnity shall survive completion of the PROJECT and the <br /> Services and termination of this AGREEMENT. <br /> 2. Neither CITY, its staff, contractors, or consultants shall be responsible for any damage or <br /> liability occurring by reason of any acts or omissions on the part of SCRRA, or the <br /> Operating Railroads as identified by SCRRA, under or in connection with the Services, <br /> work, authority or obligation agreed to by SCRRA under this AGREEMENT. SCRRA <br /> shall indemnify, defend and hold harmless CITY, as well as their staff, contractors, and <br /> consultants ("CITY Indemnities") from any and all liability, loss, expense (including <br /> reasonable attorneys' fees and other defense costs), demands, suits, liens, damages, costs, <br /> claims, including but not limited to, claims for bodily injury, death, personal injury, or <br /> property damage, that are incurred by or asserted against CITY Indemnities arising out of <br /> or connected with any negligent acts or omissions on the part of SCRRA, any Operating <br /> Railroads as identified by SCRRA, as well as their respective board members, officers, <br /> agents,volunteers, contractors or employees under or in connection with any aspect of the <br /> Services, work, authority or obligation agreed to by SCRRA under this AGREEMENT. <br /> This indemnity shall survive completion of the PROJECT and the Services and termination <br /> of this AGREEMENT. <br /> 3. Termination for Convenience: Either Party may terminate this Agreement by providing <br /> thirty(30) days written notice of its intent to terminate for convenience to the other Party. <br /> 4. Acceptance by SCRRA shall mean only that the design meets the standards of SCRRA, <br /> and such acceptance by SCRRA shall not be deemed to mean that the design or <br /> construction is structurally sound and appropriate or that the design meets applicable <br /> regulations, laws, statutes, local ordinances,building codes, or any combination thereof. <br /> 5. In addition to the rights and obligations established in Sections III.1. and III.2. herein, and <br /> in contemplation of the provisions of Government Code §895.2 imposing certain tort <br /> liability jointly upon public entities solely by reason of such entities being PARTIES to an <br />