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� 04/09/2012 EXHIBIT 1 A summary of the Project equipment and devices and general agreement as to ownership, maintenance and operations responsibilities is identified in "Exhibit A," attached hereto and incorporated by reference herein. In the event of a conflict between the terms herein and E�ibit A, this Agreement controls. D. Contract Administration. 1) Pursuant to the GCAG-Caltrans Agreement, Caltrans shall advertise, award, and administer the construction contract for portions of the Project located on State right of way, and GCAG shall, or shall require Caltrans or Caltrans' contractor to, indemnify and hold harmless CITY for any claims, causes of action, or damages arising from performance under the construction contract. 2) Pursuant to the GCAG-CO[1NTY Agreement, the COUNTY shall advertise, award, and administer the construction contract for portions of the Project located on local arterials, and shall require that its contractor indemnify and hold fiarmless CITY for any claims, causes of action, or damages arising from its performance under the construction contract. 3. Ownership A. During the term of the C/CAG-COCJNTY Agreement, the COiJNTY shall own the Project equipment added or constructed pursuant to that agreement, including the New Equipment and Upgraded Equipment. Upon CITY's acceptance of the Project improvements, the COUNTY shall relinquish all interest it might have in any and all New or Upgraded Equipment of the Project to CITY. Upon CITY's acceptance of Project improvements and said transfer of interest, the COIINTY shall have no further obligations, rights or interests in the New or Upgraded Equipment. B. CITY shall continue to own its traffic signal system located within City right-of-way, including, upon CITY's acceptance, the Upgraded Equipment that may be installed as part ofthe Project. C. Upon CITY's acceptance of the Project improvements, CITY shall own the New Equipment located in its right-of-way and shall have responsibility for the electrical wsts of such New Equipment located within CITY right-of-way. 4. Operations A. Definitions. 1) "Major Traffic Incidents" means a major incident on the US 101 such that capacity is severely reduced. 2) "Daily Operations" means normal operations, without incident. B. CITY shall operate the Upgraded Equipment located within its right-of-way at CITY's expense during Daily Operations. Caltrans shall take over operations and control of the ATTYIAGRI2012.025/SMART CORRIDORS CCAG REV:03-15-12 VR Page 3 of 7 RESO. # 7 5181 MUFF # 304