Agmt 2013 Alameda-Contra Costa Transit District AC Transit

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4. Lighting DISTRICT shall maintain and pay 100% of maintenance and operations costs, including electrical energy costs, of BRT FACILITIES lighting and electrical installations. 5. Safety Devices DISTRICT shall be responsible for the maintenance, repair, replacement and cleaning of safety devices (located within BRT FACILITIES), including gates, fences, railings, guardrails, and markers. 6. Landscaping DISTRICT shall be responsible for maintaining all landscape, hardscape, curbs, and irrigation at BRT Stations, consistent with the standards adopted by CITY for landscaping activities in the immediately contiguous streets or highways. 7. Passenger Platforms DISTRICT shall maintain shelters, benches, passenger platforms, and their appurtenances and shall provide graffiti removal and garbage collection services consistent with standards adopted by CITY for such activities in the immediately contiguous streets or highways. DISTRICT shall also maintain electrical connections to platforms for lighting and/or transit information displays. Any advertising display panels located on passenger platforms or shelters shall be oriented such that they do not interfere with street traffic. D. LEGAL RESPONSIBILITIES 1. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties who are not a party to this Agreement nor affect the legal liability of any party to the Agreement by imposing any standard of care with respect to the maintenance of City streets different from the standard of care imposed by law. 2. Neither CITY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by DISTRICT under or in connection with any work, authority or jurisdiction allocated to DISTRICT under this Agreement. It is understood and agreed that DISTRICT will fully defend, indemnify, and save harmless CITY and all of its elected and appointed officers and employees from all claims, suits or actions of every name, kind and description brought forth or under this Agreement, including, but not limited to, tort, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by DISTRICT under this Agreement. 3. Neither DISTRICT nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by CITY San Leandro O&M 4 Final 6/12/2013