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or or or or 5.2. Hold Harmless ~y City and RTB. City and agree to hold Equitable, the owners and lessees of, and managing agents of, the property on which the Transit Pacl1ities are located, their respective officers, agents, employees, representatives, guests and invitees, hannless from and indemnified against any loss, cost" damage 01.' expense, induding reasonable attorneys' fees, arising out of any claims by persons not a party to this Agreement., whicl:t~hns3i.re due~tojOi'l.lleged to be due to, the design of the Transit Hub Improvemeni:S'CiO-the extent such design is attributable to the RTB or the City) the providing 01 public transit servim at RosedaJe, or out of the failure, Of alleged Imme, of the City Of the ,. RTB to have done such repah' and maIntenance of the Transit Facilities as is to be done by either of them pursuant to thfs Agreement., or out of the act or neglect or alleged act or neglect, of the City or the RTB... or their respective offidals, officers, . agents, employees or representatives. 5~3. Remedi~. (8) II Equitable falls to do any construction or maintenance work to be done by it pursuant to this Agreement" or falls to fulfill any other obligations under this Agreement, and if such failure continues for a period- of thirty (3D) days after notice of such failure, specifying the same, is given to Equitable, then the Oty or RTB may at iis or their option at.iter: (i) enter upon the Bus Route md the property upon which the Transit Facilities are located to do the work which Equitable has failed to do, or to fuHill such obligations; and Equitable agrees to pay to the City or@te RTB, as the case may be, an costs incurred in doing such work or 'fulfilling such obligations, including reasonable attorneyst fees, in excess of the cost which is to be paid by the City or the RTB as provided in .Articles r and II hereof, with interest on such excess cost at 12% per annum Itom a date 30 days after notice of such costs is given to Equitable, until paid; or (if) terminate this Agreement. If City 01.' RTB elects to terminate this Agreement, it shall do so by an additional notice to Equitable 80 stating such infent, and if such failure continues for an additional ten (10) business days after such additional notice is given to Equitable, then the City or RTB may proceed to terminate this Agreement by additional notice to Equitable, which notice shall specify the date of termination, which shall be not earlier than 30 days alter the date of such notice. If this Agreement be so termina.ted, then, after the date of such termination, the City and the RTB, and all other persons ) -17-