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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 />Claims <br />78. PERMITTEE may accept, reject, compromise, settle, or litigate claims of any consultants or <br />contractors hired to complete WORK without concurrence from the other PARTY. <br />Interruption of Work <br />79. If WORK stops for any reason, IMPLEMENTING AGENCY will place the PROJECT right- <br />of-way in a safe and operable condition acceptable to CALTRANS. <br />80. 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 />81. The cost of awards, judgments, fines, interest, penalties, attorney’s fees, and/or settlements <br />generated by the WORK are considered WORK costs. <br />82. The cost of legal challenges to the environmental process or documentation are considered <br />WORK costs. <br />83. 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 />84. 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 />85. All portions of this AGREEMENT, including the Recitals Section, are enforceable.