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Agreement 04-2958 <br />Project No. 0424000060 <br />Project Development Agreement 2017-02-17/HIA (Created October 5, 2023)17 of 22 <br />Interruption of Work <br />If WORK stops for any reason, IMPLEMENTING AGENCY will place the PROJECT right-of-way <br />in a safe and operable condition acceptable to CALTRANS. <br />If WORK stops for any reason, each PARTY will continue with environmental commitments <br />included in the environmental documentation, permits, agreements, or approvals that are in <br />effect at the time that WORK stops, and will keep the PROJECT in environmental compliance <br />until WORK resumes. <br />Penalties, Judgments and Settlements <br />The cost of awards, judgments, fines, interest, penalties, attorney’s fees, and/or settlements generated <br />by the WORK are considered WORK costs. <br />The cost of legal challenges to the environmental process or documentation are considered WORK <br />costs. <br />Fines, interest, or penalties levied against CALTRANS will be paid by PERMITTEE when <br />PERMITTEE’s action or lack of action caused the levy. <br />Project Files <br />PERMITTEE will furnish CALTRANS with the Project History Files related to the PROJECT <br />facilities on State Highway System within sixty (60) days following the completion of each <br />PROJECT COMPONENT. PERMITTEE will assure that the Project History File is prepared <br />and submitted in compliance with the Project Development Procedures Manual, Chapter 7. All <br />material will be submitted neatly in a three-ring binder and in PDF format. <br />GENERAL CONDITIONS <br />All portions of this AGREEMENT, including the Recitals Section, are enforceable. <br />Venue <br />PARTIES understand that this AGREEMENT is in accordance with and governed by the <br />Constitution and laws of the State of California. This AGREEMENT will be enforceable in the <br />State of California. Any PARTY initiating legal action arising from this AGREEMENT will <br />file and maintain that legal action in the Superior Court of the county in which the <br />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 />ATTY/AGR.2024.134/Caltrans and IQHQ (Elco Yards Highway Improvement Agreement)(REV: 08-20-24 VR) (Page 17 of 22) <br />6.K. - Page 29 of 67 <br />413