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obligation under this Agreement is, $109,700,000 ("Total <br />Obligation"). The Total Obligation may be increased to cover <br />costs in excess of the initial estimated Project Costs, provided <br />that such increase in Total Obligation is approved by a vote of <br />the AUTHORITY in its sole discretion. The certified results of <br />any such vote will be incorporated by reference into this <br />Agreement without necessity of a written amendment. <br /> <br /> SECTION <br /> <br />IT IS MUTUALLY AGREED TO AS FOLLOWS: <br /> <br /> (1) All obligations of AUTHORITY under the terms of this <br />Agreement are limited as provided in the Alameda County <br />Transportation Expenditure Plan dated August, 1986. In <br />accordance with this Expenditure Plan, total cost to the <br />AUTHORITY for the entire Project may not exceed $119.7 million, <br />including local matching funds. All obligations of AUTHORITY <br />under the terms of this Agreement are subject to the availability <br />of funds in the annual budget of the AUTHORITY pursuant to Public <br />utilities Code Section 131265 and 131266. <br /> <br /> (2) Neither AUTHORITY nor any officer or employee thereof <br />shall be responsible for any damage or liability occurring by <br />reason of anything done or omitted to be done by CITY in <br />connection with the Project. It is also agreed that, pursuant to <br />Government Code Section 895.4, CITY shall fully indemnify and <br /> <br />0258001\224751.1 5 DRAFT January 21, 1~7 <br /> <br /> <br />