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inspection, operation, maintenance and/or repair of any of the Transportation <br />Improvement Projects because the first Party collected TVTD Fees that were used <br />for the design, construction, installation, inspection, operation, maintenance and/or <br />repair of any Transportation Improvement Project. This Agreement is designed to <br />implement the subvention or disbursement of public funds from one public agency <br />to another and accordingly is not an agreement as defined in Government Code <br />§895. <br /> <br />A Party is not liable to another Party for the inadvertent failure or legal inability to <br />collect a TVTD Fee. <br /> <br /> Section 18. <br /> Term of A~eement <br /> <br />This Agreement shall remain in effect from the Effective Date in the opening <br />paragraph until the Projects listed in Section 8 have been fully constructed and/or <br />acquired. The TVTD Fee to be adopted by the Paxties shall remain in effect until the <br />Transportation Improvement Projects are fully constructed and/or acquired. <br /> <br /> Section 19. <br /> Attorneys' Fees <br /> <br /> If legal action is necessary to enforce this agreement, the prevailing Party is entitled <br /> to reasonable court costs and attorneys' fees against the Party found to have <br /> breached the agreement. <br /> <br /> Section 20. <br /> Powers <br /> <br /> The powers of this Agreement shall be exercised subject to the restrictions upon the <br /> exercising of such powers by the Treasurer, as provided in §6509 of the <br /> Government Code. <br /> <br /> Section 21. <br /> Sole A~eement <br /> <br /> This Agreement is the sole agreement on the subject matters of this Agreement <br /> bet~veen the parties. <br /> <br /> Joint Exercise of Po~vers Agreement Page 19 of 22 <br /> TVTD Fees for Traffic Mitigation April 24 1998 <br /> <br /> <br />