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Agreement 04-2680
<br /> Project No.0418000174
<br /> GENERAL CONDITIONS
<br /> Venue
<br /> 54. 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 /> 55. All CALTRANS' obligations under this AGREEMENT are subject to the appropriation of
<br /> resources by the Legislature,the State Budget Act authority, and the allocation of funds by the
<br /> California Transportation Commission.
<br /> Indemnification
<br /> 56. Neither CALTRANS nor any of their officers and employees, are responsible for any injury,
<br /> damage, or liability occurring by reason of anything done or omitted to be done by CITY, its
<br /> contractors, sub-contractors, and/or its agents under or in connection with any work, authority,
<br /> or jurisdiction conferred upon CITY under this AGREEMENT. It is understood and agreed
<br /> that CITY, to the extent permitted by law,will defend, indemnify, and save harmless
<br /> CALTRANS and all of their officers and employees from all claims, suits, or actions of every
<br /> name, kind, and description brought forth under,but not limited to, tortious, contractual,
<br /> inverse condemnation, or other theories and assertions of liability occurring by reason of
<br /> anything done or omitted to be done by CITY, its contractors, sub-contractors, and/or its agents
<br /> under this AGREEMENT.
<br /> 57. Neither CITY nor any of their officers and employees, are responsible for any injury, damage,
<br /> or liability occurring by reason of anything done or omitted to be done by CALTRANS, its
<br /> contractors, sub-contractors, and/or its agents under or in connection with any work, authority,
<br /> or jurisdiction conferred upon CALTRANS under this AGREEMENT. It is understood and
<br /> agreed that CALTRANS, to the extent permitted by law, will defend, indemnify, and save
<br /> harmless CITY and all of their officers and employees from all claims, suits, or actions of
<br /> every name, kind, and description brought forth under, but not limited to, tortious, contractual,
<br /> inverse condemnation, or other theories and assertions of liability occurring by reason of
<br /> anything done or omitted to be done by CALTRANS, its contractors, sub-contractors, and/or
<br /> its agents under this AGREEMENT.
<br /> Project Development Agreement 2017-02-17 (Created October 12,2017) 10 of 14
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