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Agreement 04-2958 <br />Project No. 0424000060 <br />Project Development Agreement 2017-02-17/HIA (Created October 5, 2023) 18 of 22 <br />Venue <br />86. 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 />Exemptions <br />87. All CALTRANS’ obligations and commitments under this AGREEMENT are subject to the <br />appropriation of resources by the Legislature, the State Budget Act authority, programming <br />and allocation of funds by the California Transportation Commission (CTC). <br />Indemnification <br />88. Neither CALTRANS nor any of its officers and employees, are responsible for any injury, <br />damage, or liability occurring by reason of anything done or omitted to be done by <br />PERMITTEE, its contractors, sub-contractors, and/or its agents under or in connection with <br />any work, authority, or jurisdiction conferred upon PERMITTEE under this AGREEMENT. It <br />is understood and agreed that PERMITTEE, to the extent permitted by law, will defend, <br />indemnify, and save harmless CALTRANS and all of their officers and employees from all <br />claims, suits, or actions of every name, kind, and description brought forth under, but not <br />limited to, tortious, contractual, inverse condemnation, or other theories and assertions of <br />liability occurring by reason of anything done or omitted to be done by PERMITTEE, its <br />contractors, sub-contractors, and/or its agents under this AGREEMENT. <br />Non-parties <br />89. PARTIES do not intend this AGREEMENT to create a third party beneficiary or define duties, <br />obligations, or rights for entities not signatory to this AGREEMENT. PARTIES do not intend <br />this AGREEMENT to affect their legal liability by imposing any standard of care for fulfilling <br />the WORK different from the standards imposed by law. <br />90. PARTIES will not assign or attempt to assign obligations to entities not signatory to this <br />AGREEMENT without an amendment to this AGREEMENT.