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<br />ACTIA Bicycle/Pedestrian Countywide Discretionary Fund Program <br />Cycle 3 Grant Funding Agreement <br /> <br />ACTIA No. A07-0013 <br /> <br />11) Severability: Should any part of this Agreement be declared unlawful, invalid, or beyond the <br />authority of either party to enter into or carry out, such decision shall not affect the validity of <br />the remainder of this Agreement which shall continue in full force and effect; provided that, <br />the remainder of this Agreement can, absent the invalid portion(s), reasonably be interpreted <br />to give effect to the intentions of the parties. <br /> <br />12) Effective Date: The effective date of this Agreement is the Grant Notice to Proceed date <br />listed in Table B-2 in Attachment B. <br /> <br />13) General Compliance with Laws: The performance of this Agreement and the expenditure of <br />ACTIA funds received under this Agreement will be in accordance with all applicable <br />provisions of local and state law. <br /> <br />14) Force Majeure: Neither ACTIA nor Project Sponsor shall be liable or deemed to be in default <br />for any delay or failure in performance under this Agreement or interruption of services, <br />directly or indirectly, from the acts of God, civil or military authority, acts of public enemy, <br />war, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation, or <br />any sinlliar cause beyond the reasonable control of ACTIA or Project Sponsor. <br /> <br />15) Governing Law: This Agreement shall be construed and interpreted and the legal relations <br />created thereby shall be determined in accordance with the laws of the State of California. <br /> <br />16) Binding on Successors: All of the terms, provisions and conditions of this Agreement will be <br />binding upon and inure to the benefit of the parties and their respective successors, assigns <br />and legal representatives. <br /> <br />17) Attorneys' fees: If any legal proceeding should be institutcd by cither of the parties to enforce <br />the terms of this Agrccment or to determine the rights of the partics under this Agrccmcnt, <br />the prevailing party in said proceeding will recover, in addition to all court costs, reasonable <br />attorneys' fees. <br /> <br />BikePed-Cycle3 -A0700 13 -SanLeandro-SloughBridge- Final.doc <br /> <br />Page 7 of 19 <br />