Agmt13 CALTRANS, State of California

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04-S M-101-5.1/6.0 EA: 23536 Project Number: 0414000041 Agreement 04-2512 GENERAL CONDITIONS 60. PARTNERS understand that this Agreement is in accordance with and governed by the Constitution and laws of the State of California. This Ageement will be enforceable in the State of California. Any PARTNER initiating legal action arising from this Ageement will file and maintain that legal action in the Superior Court of the county in which the CALTRANS district office that is signatory to this Ageement resides, or in the Superior Court of the county in which PROJECT is physically located. 61.All OBLIGATIONS of CALTRANS under the terms of this Agreement are subject to the appropriation of resources by the Legislature, the State Budget Act authority, and the allocation of funds by the California Transportation Commission. 62. When CALTRANS performs IQA activities it does so for its own benefit. No one can assign liability to CALTRANS due to its IQA activities. 63.Neither CITY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by CALTRANS and/or its agents under or in connection with any work, authoriTy, or jurisdiction conferred upon CALTRANS under this Agreement. It is understood and agreed that CALTRANS, to the extent permitted by law, will defend, indemnify,and save harmless CITY and all of its officers and employees from all claims, suits,or actions of every name, kind, and description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CALTRANS and/or its agents under this Ageement. 64.Neither CALTRANS nor any officer or employee thereof is responsible far any injury, damage, or liability occurring by reason of anything done or omitted to be done by CITY and/or its agents under or in connection with any work,authority,or jurisdiction conferred upon CITY under this Agreement. It is understood and agreed that CITY,to the extent permitted by law,will defend,indemnify,and save harmless CALTRANS and all of its officers and employees from all claims, suits,or actions of every name,kind, and description brought forth under,but not limited to,tortious, contractual, inverse condemnation, or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CITY and/or its agents under this Agreement. 65. PARTNERS do not intend this Agreement to create a third party beneficiary or define duties, obligations, or rights in parties not signatory to this Agreement. PARTNERS do not intend this Agreement to affect their legal liability by imposing any standard of care for fulfilling OBLIGATIONS different from the standards imposed by law. REV:11-21-13 VR ATTY/AGR/2013.213/CALTRANS CO-OP AGR 101/84 PA-ED Page 8 of 17