In connection with any issue relating to the design of various storm drains located at North Canyon road

at the Getty Center based on designs and plans provided by Gettys Designer KPFF, LACMTA shall
release, defend, indemnify and hold harmless Design Builder, Kiewit, its subcontractors, suppliers,
employees, consultants, agents, successors and assigns, shareholders, officers, directors (Indemnified
Parties) from and against any and all claims, causes of action, suits, legal or administrative proceedings,
costs, damages, losses, liabilities and response costs, any actual or alleged injury to or death of persons
or damage to or loss of property, and including reasonable attorneys and expert witness fees and costs
incurred in connection with the implementation of this indemnity, arising out of, relating to or resulting
from this Change or Work performed hereunder. Notwithstanding the above, an Indemnified Party at
its sole discretion reserves the right to defend itself. An Indemnified Partys election to defend shall not
in any way limit LACMTAs responsibility to indemnify and hold harmless as provided above.

In connection with any issue relating to the design of various storm drains located at North Canyon road
at the Getty Center based on designs and plans provided by Gettys Designer KPFF, LACMTA hereby
releases Design Builder, Kiewit, its subcontractors, suppliers, employees and agents, of any and all
guarantees, warranties, insurance, maintenance, repair, design , right-of-way, utility, permitting,
acceptance, and/or indemnification obligation that they may have, whether express or implied including
but not limited to those that may arise under Sections 4.3, 7.11, Article 10. Furthermore, in connection
with any issue relating to the design of various storm drains located at North Canyon road at the Getty
Center based on designs and plans provided by Gettys Designer KPFF LACMTA hereby releases, and will
indemnify and defend against claims or issues raised by Getty, Caltrans, the City of Los Angeles and the
County of Los Angeles against Design Builder, Kiewit, its subcontractors, suppliers, employees,
consultants, agents, successors and assigns, shareholders, officers, directors (Indemnified Parties)
from and against any and all claims, causes of action, suits, legal or administrative proceedings, costs,
damages, losses, liabilities and response costs, any actual or alleged injury to or death of persons or
damage to or loss of property, and including reasonable attorneys and expert witness fees and costs
incurred in connection with the implementation of this indemnity, arising out of, relating to or resulting
from this Change or Work performed hereunder.