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7. MAINTENANCE AND REPAIR <br /> 7.1 During construction of PROJECT, the CITY, at its own expense shall maintain, reconstruct <br /> and keep in good repair all parts of the PROJECT including RAILROAD'S FACILITIES <br /> damaged during construction. <br /> 7.2 Upon written request of the RAILROAD, and if the requested work is reasonably necessary <br /> for the continuous and safe operation of the RAILROAD, the CITY shall promptly repair or <br /> renew any portion of PROJECT for which it is responsible. <br /> 7.3 After completion of the work contemplated under this Agreement, the CITY shall, at its sole <br /> cost and expense, maintain all other items of work performed by it under this Agreement, <br /> including but not limited to, the roadway approaches beyond the ends of the track ties, <br /> drainage, sidewalks/pathways, and the RAILROAD's private access to its property. <br /> 7.4 It is expressly understood, however, that if any materials installed pursuant to this <br /> Agreement for the PROJECT exceed the specifications for standard materials customarily <br /> used for the same purpose in the course of the RAILROAD's normal <br /> maintenance/replacement operations, then at the end of the economically useful life of the <br /> materials installed pursuant hereto, the RAILROAD's participation in the cost of <br /> replacement shall be limited to its costs, or anticipated costs,to do so with the RAILROAD's <br /> standard materials. <br /> 8. INDEMNIFICATION <br /> 8.1 The CITY shall be responsible for, and shall indemnify and keep harmless from any and all <br /> claims and liability,the RAILROAD, its agents and employees, from all injuries to persons or <br /> damages to property caused by the CITY, its officers, directors and employees, and/or the <br /> CITY'S agents, contractors or subcontractors arising out of the construction, repair, <br /> replacement, renewal, expansion or enhancement of PROJECT or the failure of the CITY to <br /> maintain PROJECT in accordance with the terms of this Agreement. The RAILROAD shall <br /> promptly notify the CITY of any claim or suit made or brought against the RAILROAD for <br /> which the RAILROAD may seek indemnity from the CITY. No settlement of any such claim <br /> shall be made without the prior written consent of the CITY and the CITY may participate in <br /> the defense of any such suit. In the event a judgment shall be rendered against the <br /> RAILROAD in any such suit,the RAILROAD shall take, upon request of counsel for the CITY, <br /> all necessary and proper steps to perfect an appeal therefrom to proper courts of review, <br /> shall prosecute such appeal with all due diligence, and shall permit CITY counsel to take <br /> — 7 — <br />