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AgdaPkt 2009-03-09
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AgdaPkt 2009-03-09
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Last modified
4/15/2009 12:19:59 PM
Creation date
3/5/2009 3:57:58 PM
Metadata
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Regular
Agency Type
City Council
Date
3/9/2009
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<br />6.18 <br />Page 9 <br /> <br />signage and tactile warning tiles other than the crossing panels (as may be more fully described <br /> <br />in the Roadway Easement); <br /> <br />b. Railroad shall maintain be responsible to maintain the following <br /> <br />Improvements except as otherwise set forth by, regulation or statute at its sole expense: <br /> <br />1. The Crossings, - including but not limited to all track, track grade <br /> <br />crossing panels, pavenlent between the panels, railroad signals, crossing gates, guardrail and <br /> <br />fencing, and pedestrian grade crossings including gates, barriers and pavement markings. <br /> <br />9. Indemnitv. The following indenmity provisions shall be applicable and binding <br /> <br />upon the parties only for incidents occurring prior to the notice of completion being filed. Once <br /> <br />the earlier of the notice of completion for this project being filed or the project is completed (as <br /> <br />defined in the Public Contract Code), the indemn.ity provisions set forth herein below shall <br /> <br />tenninate . <br /> <br />a. City's Indemnity. City shall fully release, indemnify, hold harmless and <br /> <br />defend the JPB, SanlTrans, the National Railroad Passenger Corporation ("Amtrak"), and/or <br /> <br />their respective offi.cers, directors, employees, contractors and agents (collectively, "JPB <br /> <br />Indenlnitees") from and against all liability , claims, suits, sanctions, costs or expenses for <br /> <br />injuries to or death of any person (including, but not limited to, the passengers, employees and <br /> <br />contractors of Railroad), and damage to or loss of property arising out of or resulting from any <br /> <br />negligent act or omission by City, its agents, employees, contractors or subcontractors in the <br /> <br />nlaintenance of the Improvements or in the performance of any other obligation in. this <br /> <br />Agreement. The City shall also fully release, indenmify, hold harmless and defend the JPB <br /> <br />Indemnitees and each of them against any and all liability , clainls, suits, actions, costs or <br /> <br />7 <br />
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