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AGREEMENT 04-2614
<br />Projec6 3.C. - Page 15
<br />GENERAL CONDITIONS
<br />60. PARTNERS understand that this AGREEMENT is in accordance with and
<br />governed by the Constitution and laws of the State of California. This AGREEMENT will be
<br />enforceable in the State of California. Any PARTNER initiating legal action arising from this
<br />AGREEMENT will file and maintain that legal action in the Superior Court of the county in which
<br />the CALTRANS district office that is signatory to this AGREEMENT resides, or in the Superior
<br />Court of the county in which the PROJECT is physically located.
<br />61. All CALTRANS' OBLIGATIONS under this AGREEMENT are subject to the
<br />appropriation of resources by the Legislature, the State Budget Act authority, and the allocation of
<br />funds by the California Transportation Commission.
<br />62. Neither CITY nor any officer or employee thereof is responsible for any injury,
<br />damage or liability occurring by reason of anything done or omitted to be done by CALTRANS,
<br />its contractors, sub -contractors, and/or its agents under or in connection with any work, authority,
<br />or jurisdiction conferred upon CALTRANS under this AGREEMENT. It is understood and agreed
<br />that CALTRANS, to the extent permitted by law, will defend, indemnify, and save harmless CITY
<br />and all of its officers and employees from all claims, suits, or actions of every name, kind, and
<br />description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or
<br />other theories and assertions of liability occurring by reason of anything done or omitted to be
<br />done by CALTRANS, its contractors, sub -contractors, and/or its agents under this AGREEMENT.
<br />63. Neither CALTRANS nor any officer or employee thereof is responsible for any
<br />injury, damage, or liability occurring by reason of anything done or omitted to be done by CITY,
<br />its contractors, sub -contractors, and/or its agents under or in connection with any work, authority,
<br />or jurisdiction conferred upon CITY under this AGREEMENT. It is understood and agreed that
<br />CITY, to the extent permitted by law, will defend, indemnify, and save harmless CALTRANS and
<br />all of its officers and employees from all claims, suits, or actions of every name, kind, and
<br />description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or
<br />other theories and assertions of liability occurring by reason of anything done or omitted to be
<br />done by CITY, its contractors, sub -contractors, and/or its agents under this AGREEMENT.
<br />64. PARTNERS do not intend this AGREEMENT to create a third party beneficiary or
<br />define duties, obligations, or rights in parties not signatory to this AGREEMENT. PARTNERS do
<br />not intend this AGREEMENT to affect their legal liability by imposing any standard of care for
<br />fulfilling OBLIGATIONS different from the standards imposed by law.
<br />65. PARTNERS will not assign or attempt to assign OBLIGATIONS to parties not
<br />signatory to this AGREEMENT without an amendment to this AGREEMENT.
<br />ATTY/AGR/2017.161/CALTRANS CO-OP AGR 101/84 PS&E
<br />REV: 07-12-17 PR
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