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Alameda CTC agreement No.A23-0049 <br /> Project No. 157800 <br /> b. The cost of damages to owners of the remainder of real property not actually taken but <br /> injuriously affected by PROJECT. <br /> c. The cost of relocation payments and services provided to owners and occupants pursuant <br /> to the appropriate State laws and regulations when the PROJECT displaces an individual, <br /> family,business,farm operation or nonprofit organization. <br /> d. The cost of demolition and/or the sale of all improvements on the right-of-way. Proceeds <br /> from the sale of any such improvements shall be credited to the PROJECT and used to <br /> offset PROJECT costs. <br /> e. The cost of all unavoidable utility relocation,protection or removal necessary for the <br /> completion of the PROJECT. <br /> f. The cost of all necessary hazardous material and hazardous waste treatment,encapsulation <br /> or removal and protective storage for which PROJECT SPONSOR accepts responsibility and <br /> where the actual generator cannot be identified and recovery made. <br /> 19. If PROJECT SPONSOR materially breaches this AGREEMENT,including but not limited to <br /> failing to deliver the PROD E.CTwithin the schedule defined by this AGREEMENT without compelling reason, <br /> failing to file required progress reports in the time specified by this AGREEMENT,or failing to comply with <br /> applicable regulations,AI.AMEDA CTC may either terminate this AGREEMENT or suspend payments to <br /> PROJECTSPONSOR until such time as PROJECT SPONSOR makes reasonable efforts to comply with this <br /> AGREEMENT. <br /> 20. Neither ALAMFDA CTC,nor its governing body or any officer,consultant,or employee <br /> thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be <br /> done by PROJECT SPONSOR in connection with the PROJECT. It is also understood and agreed,pursuant to <br /> Government Code Section 895.4,PROJECT SPONSOR shall fully defend,protect,indemnify and hold harmless <br /> AI.AMEDA CTC,its governing body,and all its officers,employees,agents,representatives,and successors-in- <br /> interest,against any and all liability,loss,expense,including reasonable attorneys'fees,or claims for injury(as <br /> defined in 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 PROJECT or <br /> operation or use of the equipment that is subject to this AGREEMENT. If TFCA funds are obligated by this <br /> AGREEMENT,PROJECTSPONSOR shall also fully defend,protect,indemnify and hold harmless BAAQMD, <br /> its governing body,and all its officers,employees,agents,representatives,and successors-in-interest,from <br /> any liability imposed on BAAQMD for injury(as defined in Government Code Section 810.8) occurring by <br /> reason of anything done or omitted to be done by PROJECTSPONSOR in connection with PROJECT. <br /> 21. Neither PROJECT SPONSOR,nor its governing body or any officer,consultant,or employee <br /> thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be <br /> done by AT.AMFDA CTC under or in connection with any work,authority or jurisdiction delegated to <br /> AE.,1MtaA CTC under this AGREEMENT. It is also understood and agreed,pursuant to Government Code <br /> Section 895.4,ALAMED,1 CTC shall fully defend,protect,indemnify and hold harmless PROJECT SPONSOR, <br /> Page 13 of 16 <br />