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10. Nothing in the provisions of this Agreement is intended to create duties or obligations to <br />or rights in third parties, or affect the legal liability of either party to the Agreement by <br />imposing any standard of care with respect to the improvement or maintenance of State <br />highways greater than the standard of care imposed by law. <br />11. Neither Participating Agency, nor its officers and employees, shall be responsible for any <br />damage or liability occurring by any act or omission by CMA under or in connection <br />with any work, authority or jurisdiction delegated to CMA under this Agreement. It is <br />understood and agreed that, pursuant to Government Code Section 895.4, CMA shall <br />fully defend, indemnify and save harmless the Participating Agency, and its officers and <br />employees from all claims, suits or actions of every name, kind and description brought <br />for or on account of injury (as defined in Government Code Section 810.8) occurring by <br />reason of any act or omission by CMA under or in connection with any work, authority <br />or jurisdiction delegated to CMA under this Agreement. <br />12. Neither CMA, nor its officers and employees, shall be responsible for any damage or <br />liability occurring by reason of act or omission by Participating Agency under or in <br />connection with any work, authority or jurisdiction delegated to CMA under this <br />Agreement. It is understood and agreed that, pursuant to Government Code Section <br />895.4, Participating Agency shall fully defend, indemnify and save harmless the CMA, <br />and its officers and employees from all claims, suits or actions of every name, kind and <br />description brought for or on account of injury (as defined in Government Code Section <br />810.8) occurring by reason of act or omission by Participating Agency under or in <br />connection with any work, authority or jurisdiction delegated to Participating Agency <br />under this Agreement. <br />13. Participating Agency acknowledges and agrees that part, or all, of the Project <br />conceptualization, planning, design, engineering, contract administration, procurement, <br />construction, construction supervision and administrative support services may be <br />performed by CMA's designated contractors, agents, and representatives. <br />14. All contractors selected by CMA to perform construction of the Project shall include <br />Participating Agency as an additional insured on all insurance policies related to the <br />performance of work on the Project within the Participating Agency's jurisdiction or <br />rights-of--way. <br />15. Participating Agency hereby grants CMA and its authorized contractors, agents and <br />representatives the non-exclusive right to enter upon Participating Agency's jurisdiction <br />and rights-of--way, subject to the terms and conditions of this Agreement and applicable <br />permits, for the purpose of performing CMA's obligations under this Agreement. <br />City of San Leandro Coop Agreement -Rapid Bus Project 5 <br />