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The shutoff process must be submitted to the Commission for approval. The City and the Commission will establish mutually acceptable timing and phasing for the emergency vehicles to pre-empt and proceed through the signalized intersection, but the Commission shall have final decision over the timing of the signalized intersections. Should the pre-emption system malfunction, resulting in disruption to normal traffic operation on State routes, the Commission shall have the unilateral authority to disable the emergency pre-emption system. However, if disabled, the Commission will promptly notify the City of its action. The City will provide a contact person and/or number and hours of availability to the Commission for reporting of pre-emption problems. Operational testing of the pre-emption system installed at Commission signalized intersections will only occur when the signals are not in Coordination. The Commission will advise the City of the times when the signals are in coordination. (5) SYSTEM MAINTENANCE: The City shall maintain all of the detectors, cabling and phase selector components in order to ensure that the pre-emption system remains in proper and safe working order. If the City fails to maintain the system adequately, the Commission, in its sole discretion, has the right to disable the system or remove all equipment from its location on Commission's right of way. The City shall advise the Commission at least 5 business days prior to any scheduled maintenance and will comply with any directives issued by the Commission's representative regarding traffic control and signal operation during the maintenance activity. (6) INDEMNIFICATION: The City shall defend, indemnify and hold harmless the Commission, including its members and department employees, from any claim or liability whether based on a claim for damages to real or personal property or to a person for any matter relating to or arising out of the City's performance of its obligations under this Agreement. (7) CONSTRUCTION OF IMPROVEMENTS: All construction of the proposed improvements shall be according to the latest editions of the Missouri Highway and Transportation Commission's Standard Specifications for Highway Construction, Standard Plans for Highway Construction, and the Missouri Department of Transportation's Approved Products List for Traffic Signals and Highway Lighting. (8) AMENDMENTS: Any change in this Agreement, whether by modification or supplementation, must be accomplished by a formal contract amendment signed and approved by the duly authorized representative of the City and the Commission. (9) ASSIGNMENT: The City shall not assign, transfer or delegate any interest in this Agreement without the prior written consent of the Commission. 3