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<br />by CMA under or in connection with any work, authority or jurisdiction delegated to <br />CMA under this Agreement. <br /> <br />II. Neither CMA, nor its officers and employees, shall be responsible for any damage or <br />liability occurring by reason of act or omission by P ARTICIP A TING AGENCY under or <br />in 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 <br />CMA, and its officers and employees from all claims, suits or actions of every name, kind <br />and description brought for or on account of injury (as defined in Government Code <br />Section 810.8) occurring by reason of act or omission by PARTICIPATING AGENCY <br />under or in connection with any work, authority or jurisdiction delegated to <br />PARTICIPATING AGENCY under this Agreement. <br /> <br />12. PARTICIPATING AGENCY acknowledges and agrees that part, or all, of the PROJECT <br />conceptualization, planning, design, engineering, contract administration, procurement, <br />construction, construction supervision, systems integration and testing, and <br />administrative support services may be performed by CMA's designated contractors, <br />agents, and representatives. <br /> <br />13. 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 <br />the performance of work on the PROJECT within the PARTICIPATING AGENCY's <br />jurisdiction or rights-of-way. <br /> <br />14. PARTICIPATING AGENCY hereby grants CMA and its authorized contractors, agents <br />and representatives the non-exclusive right to enter upon PARTICIPATING AGENCY's <br />jurisdiction and rights-of-way, subject to the terms and conditions of this Agreement and <br />applicable permits, for the purpose of performing CMA's obligations under this <br />Agreement. <br /> <br />5 <br />