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<br />4 <br /> <br /> <br />4. Lighting <br /> <br />DISTRICT shall maintain and pay 100% of maintenance and operations costs, including <br />electrical energy costs, of BRT FACILITIES lighting and electrical installations. <br /> <br />5. Safety Devices <br /> <br />DISTRICT shall be responsible for the maintenance, repair, replacement and cleaning of <br />safety devices (located within BRT FACILITIES), including gates, fences, railings, <br />guardrails, and markers. <br /> <br />6. Landscaping <br /> <br />DISTRICT shall be responsible for maintaining all landscape, hardscape, curbs, and <br />irrigation at BRT Stations, consistent with the standards adopted by CITY for <br />landscaping activities in the immediately contiguous streets or highways. <br /> <br />7. Passenger Platforms <br /> <br />DISTRICT shall maintain shelters, benches, passenger platforms, and their appurtenances <br />and shall provide graffiti removal and garbage collection services consistent with <br />standards adopted by CITY for such activities in the immediately contiguous streets or <br />highways. DISTRICT shall also maintain electrical connections to platforms for lighting <br />and/or transit information displays. Any advertising display panels located on passenger <br />platforms or shelters shall be oriented such that they do not interfere with street traffic. <br /> <br />D. LEGAL RESPONSIBILITIES <br /> <br />1. Nothing in the provisions of this Agreement is intended to create duties or obligations to <br />or rights in third parties who are not a party to this Agreement nor affect the legal liability <br />of any party to the Agreement by imposing any standard of care with respect to the <br />maintenance of City streets different from the standard of care imposed by law. <br /> <br />2. Neither CITY nor any officer or employee thereof is responsible for any injury, damage <br />or liability occurring by reason of anything done or omitted to be done by DISTRICT <br />under or in connection with any work, authority or jurisdiction allocated to DISTRICT <br />under this Agreement. It is understood and agreed that DISTRICT will fully defend, <br />indemnify, and save harmless CITY and all of its elected and appointed officers and <br />employees from all claims, suits or actions of every name, kind and description brought <br />forth or under this Agreement, including, but not limited to, tort, contractual, inverse <br />condemnation or other theories or assertions of liability occurring by reason of anything <br />done or omitted to be done by DISTRICT under this Agreement. <br /> <br />3. Neither DISTRICT nor any officer or employee thereof is responsible for any injury, <br />damage or liability occurring by reason of anything done or omitted to be done by CITY