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Alameda CTC Agreement No. A16-0079 Project No. 1468.020 Page 13 of 16 i. The cost to purchase all real property required for the PROJECT free and clear of liens and/or conflicting easements, including the costs for preparation of documents, negotiations and legal services. ii. The cost of damages to owners of remainder real property not actually taken but injuriously affected by PROJECT. iii. The cost of relocation payments and services provided to owners and occupants pursuant to the appropriate State laws and regulations (and net of any relocation payments provided by other sources) when the PROJECT displaces an individual, family, business, farm operation or nonprofit organization. iv. The cost of demolition and/or the sale of all improvements on the right-of-way. Proceeds from the sale of any such improvements shall be credited to the PROJECT and used to offset PROJECT costs. v. The cost of all unavoidable utility relocation, protection or removal necessary for the completion of the PROJECT. vi. The cost of all necessary hazardous material and hazardous waste treatment, encapsulation or removal and protective storage for which PROJECT SPONSOR accepts responsibility and where the actual generator cannot be identified and recovery made. 20. For each phase of the PROJECT covered by this AGREEMENT, PROJECT SPONSOR shall, upon completion of the phase, submit a final report that collectively constitutes a “Final Report,” using the forms provided in Appendix C: Alameda CTC Request for Reimbursement and Reporting Requirements. If PROJECT SPONSOR fails to submit a Final Report within two hundred ten (210) days of phase completion, ALAMEDA CTC shall, except as may be determined by Alameda CTC’s Executive Director in his or her sole discretion, sanction PROJECT SPONSOR by removing the withheld amount from each approved Request for Reimbursement from the PROJECT budget, and making the removed amount unavailable for future PROJECT costs. Not less than thirty (30) days prior to the effective date of any such sanction for the phase, ALAMEDA CTC will endeavor to notify PROJECT SPONSOR in writing that the Final Report is overdue for the phase. Such written notice shall advise the PROJECT SPONSOR as to the effective date of sanction, and shall specify the amount of potential funding loss. 21. If PROJECT SPONSOR materially breaches this AGREEMENT, including but not limited to failing to deliver the PROJECT within the schedule defined by this AGREEMENT without compelling reason, failing to file required Progress Reports in the time specified by this AGREEMENT, or failing to comply with applicable regulations, ALAMEDA CTC may either terminate this AGREEMENT or suspend payments to PROJECT SPONSOR until such time as PROJECT SPONSOR makes reasonable efforts to comply with this AGREEMENT. 22. Neither ALAMEDA CTC, nor its governing body or any officer, consultant, or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by PROJECT SPONSOR in connection with the PROJECT. It is also understood and agreed, pursuant to Government Code Section 895.4, PROJECT SPONSOR shall fully defend, protect, indemnify and hold harmless ALAMEDA CTC, its governing body, and all its officers, employees, agents, representatives, and successors-in- interest, against any and all liability, loss, expense, including reasonable attorneys’ fees, or claims for injury (as defined in Government Code Section 810.8) or damages occurring by reason of anything done or omitted to be done by PROJECT SPONSOR in connection with PROJECT, including the performance of the PROJECT or