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Alameda CTC Agreement No. A22-0035
<br />Project No. 157900
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<br />Page 13 of 16
<br /> 2021 PFA Version
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<br />c. The cost of relocation payments and services provided to owners and occupants pursuant
<br />to the appropriate State laws and regulations when the PROJECT displaces an individual,
<br />family, business, farm operation or nonprofit organization.
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<br />d. The cost of demolition and/or the sale of all improvements on the right-of-way. Proceeds
<br />from the sale of any such improvements shall be credited to the PROJECT and used to
<br />offset PROJECT costs.
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<br />e. The cost of all unavoidable utility relocation, protection or removal necessary for the
<br />completion of the PROJECT.
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<br />f. The cost of all necessary hazardous material and hazardous waste treatment, encapsulation
<br />or removal and protective storage for which PROJECT SPONSOR accepts responsibility and
<br />where the actual generator cannot be identified and recovery made.
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<br />19. If PROJECT SPONSOR materially breaches this AGREEMENT, including but not limited to
<br />failing to deliver the PROJECT within the schedule defined by this AGREEMENT without compelling reason,
<br />failing to file required progress reports in the time specified by this AGREEMENT, or failing to comply with
<br />applicable regulations, ALAMEDA CTC may either terminate this AGREEMENT or suspend payments to
<br />PROJECT SPONSOR until such time as PROJECT SPONSOR makes reasonable efforts to comply with this
<br />AGREEMENT.
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<br />20. Neither ALAMEDA CTC, nor its governing body or any officer, consultant, or employee
<br />thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be
<br />done by PROJECT SPONSOR in connection with the PROJECT. It is also understood and agreed, pursuant to
<br />Government Code Section 895.4, PROJECT SPONSOR shall fully defend, protect, indemnify and hold harmless
<br />ALAMEDA CTC, its governing body, and all its officers, employees, agents, representatives, and successors-in-
<br />interest, against any and all liability, loss, expense, including reasonable attorneys’ fees, or claims for injury (as
<br />defined in Government Code Section 810.8) or damages occurring by reason of anything done or omitted to
<br />be done by PROJECT SPONSOR in connection with PROJECT, including the performance of the PROJECT or
<br />operation or use of the equipment that is subject to this AGREEMENT. If TFCA funds are obligated by this
<br />AGREEMENT, PROJECT SPONSOR shall also fully defend, protect, indemnify and hold harmless BAAQMD,
<br />its governing body, and all its officers, employees, agents, representatives, and successors-in-interest, from
<br />any liability imposed on BAAQMD for injury (as defined in Government Code Section 810.8) occurring by
<br />reason of anything done or omitted to be done by PROJECT SPONSOR in connection with PROJECT.
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<br />21. Neither PROJECT SPONSOR, nor its governing body or any officer, consultant, or employee
<br />thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be
<br />done by ALAMEDA CTC under or in connection with any work, authority or jurisdiction delegated to
<br />ALAMEDA CTC under this AGREEMENT. It is also understood and agreed, pursuant to Government Code
<br />Section 895.4, ALAMEDA CTC shall fully defend, protect, indemnify and hold harmless PROJECT SPONSOR,
<br />its governing body, and all its officers, employees, agents, representatives, and successors-in-interest, against
<br />any and all liability, loss, expense, including reasonable attorneys’ fees, or claims for injury (as defined in
<br />Government Code Section 810.8) or damages occurring by reason of anything done or omitted to be done by
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