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Alameda CTC Agreement No. A22-0034
<br />Project No. 157800
<br />e. The cost of all unavoidable utility relocation, protection or removal necessary
<br />for the completion of the PROJECT.
<br />f. The cost of all necessary hazardous material and hazardous waste treatment,
<br />encapsulation or removal and protective storage for which PROJECT SPONSOR
<br />accepts responsibility and where the actual generator cannot be identified and
<br />recovery made.
<br />19. If PROJECT SPONSOR materially breaches this AGREEMENT, including but not
<br />limited to failing to deliver the PROJECT within the schedule defined by this AGREEMENT without
<br />compelling reason, failing to file required progress reports in the time specified by this
<br />AGREEMENT, or failing to comply with applicable regulations, ALAMEDA CTC may either
<br />terminate this AGREEMENT or suspend payments to PROJECT SPONSOR until such time as PROJECT
<br />SPONSOR makes reasonable efforts to comply with this AGREEMENT.
<br />20. Neither ALAMEDA CTC, nor its governing body or any officer, consultant, or
<br />employee thereof shall be responsible for any damage or liability occurring by reason of
<br />anything done or omitted to be done by PROJECT SPONSOR in connection with the PROJECT. It is
<br />also understood and agreed, pursuant to Government Code Section 895.4, PROJECT SPONSOR
<br />shall fully defend, protect, indemnify and hold harmless ALAMEDA CTC, its governing body, and
<br />all its officers, employees, agents, representatives, and successors -in -interest, against any and all
<br />liability, loss, expense, including reasonable attorneys' fees, or claims for injury (as defined in
<br />Government Code Section 810.8) or damages occurring by reason of anything done or omitted to
<br />be done by PROJECT SPONSOR in connection with PROJECT, including the performance of the
<br />PROJECT or operation or use of the equipment that is subject to this AGREEMENT. If TFCA funds
<br />are obligated by this AGREEMENT, PROJECT SPONSOR shall also fully defend, protect, indemnify
<br />and hold harmless BAAQMD, its governing body, and all its officers, employees, agents,
<br />representatives, and successors -in -interest, from any liability imposed on BAAQMD for injury
<br />(as defined in Government Code Section 810.8) occurring by reason of anything done or omitted
<br />to be done by PROJECT SPONSOR in connection with PROJECT.
<br />21. Neither PROJECT SPONSOR, nor its governing body or any officer, consultant, or
<br />employee thereof shall be responsible for any damage or liability occurring by reason of
<br />anything done or omitted to be done by ALAMEDA CTC under or in connection with any work,
<br />authority or jurisdiction delegated to ALAMEDA CTC under this AGREEMENT. Itis also
<br />understood and agreed, pursuant to Government Code Section 895.4, ALAMEDA CTC shall fully
<br />defend, protect, indemnify and hold harmless PROJECT SPONSOR, its governing body, and all its
<br />officers, employees, agents, representatives, and successors -in -interest, against any and all
<br />liability, loss, expense, including reasonable attorneys' fees, or claims for injury (as defined in
<br />Government Code Section 810.8) or damages occurring by reason of anything done or omitted to
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