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(b) "Party" or "Parties" shall mean a member of the Peninsula Traffic <br />Congestion Relief Alliance and a party signator to this Agreement <br />establishing the Alliance. <br />(c) "TDM or Transportation Demand Management" shall mean a <br />program or activity to improve the efficiency of the existing <br />transportation system by increasing the use of alternative, modes of <br />transportation such as carpools, vanpools, public transit, bicycles, <br />walking and telecommuting. <br />3. Establishment of Alliance: The Parties hereby create an entity originally <br />called the Peninsula Traffic Congestion Relief Alliance to exercise in the <br />manner set forth in this Agreement the specified powers common to each <br />of the Parties. For purposes of name identification and branding, the <br />Alliance shall be known to the public as "Commute.org." The Alliance <br />shall be a public entity that is separate from the Parties and shall be <br />responsible for the administration of this Agreement, Except as provided <br />herein, the debts, liabilities, and/or obligations of the Alliance shall be the <br />debts, liabilities, and/or obligations solely of the Alliance and shall not be <br />the debts, liabilities, and/or obligations of any Party to this Agreement. <br />4. Term: This Agreement shall be effective on the date by which any nine <br />Parties have executed it and shall continue in effect until terminated as <br />provided herein. <br />5. Powers of the Alliance: The Alliance shall have the powers and duties: <br />(a) To make and enter into contracts; <br />(b) To incur debts, liabilities or obligations; <br />(c) To solicit, receive, and use grants, advances and contributions from <br />all available sources, public or private, including federal, state and <br />local subventions; <br />(d) To adopt bylaws; <br />(e) To employ employees or agents or contract for the services of <br />agents, employees, consultants and such other persons or firms as <br />it deems necessary; <br />(f) To sue and be sued in its own name; <br />(g) To invest any surplus funds not required for the immediate <br />necessities of the Alliance as the Governing Board determines is <br />advisable, in the same manner and upon the same conditions as <br />local agencies pursuant to Government Code Section 53601; <br />768104.4 2 <br />