Agmt 2002 Alameda County Transportation Improvement Authority ACTIA (3)

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ACTIA 2002 -26 ACTIA under or in connection with any work, authority or jurisdiction delegated to ACTIA under this AGREEMENT. (17) Nothing in the provisions of this AGREEMENT is intended to create duties or obligations to or rights in third - parties not party to this AGREEMENT or affect the legal liability of either party to the AGREEMENT by imposing any standard of care with respect to the maintenance of State highways different from the standard of care imposed by law. This AGREEMENT gives no rights or benefits to anyone other than ACTIA and SPONSOR and has no third -party beneficiaries. (18) All legal actions by either party against the other arising from this AGREEMENT, or for the failure to perform in accordance with the applicable standard of care, or for any other cause of action, will be subject to the statutes of limitations of the State of California. (19) Should it become necessary to enforce the terms of this AGREEMENT, the prevailing party shall be entitled to recover reasonable expenses and attorney's fees from the other party. (20) This AGREEMENT shall terminate upon completion and acceptance of PROJECTS by SPONSOR or ten years from the date of this AGREEMENT, whichever is earlier in time. This termination date may be modified through the SPECIFIC AGREEMENT. Should AGREEMENT terminate due to time, any eligible costs incurred or paid by ACTIA over and above its proportionate share shall be due from SPONSOR to ACTIA. Payment of these eligible costs is covered in Section 1.30. (21) This AGREEMENT, including its RECITALS, EXHIBITS, and Appendices, constitutes the entire AGREEMENT, supersedes all prior written or oral understandings, and may be changed only by a written amendment executed by both parties. Final 5/16/02 I'agc 14