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Reso 2002-131 to 135
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Reso 2002-131 to 135
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7/29/2022 1:20:15 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Resolution
Document Date (6)
12/31/2002
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ACTIA 2002-26.01 <br />ACTIA under or in connection with any work, authority or jurisdiction delegated to ACTIA <br />under this AGREEMENT. <br />(17) Nothing in the provisions of this AGREEMENT is intended to create duties or <br />obligations to or rights in third -parties not party to this AGREEMENT or affect the legal liability <br />of either party to the AGREEMENT by imposing any standard of care with respect to the <br />maintenance of State highways different from the standard of care imposed by law. This <br />AGREEMENT gives no rights or benefits to anyone other than ACTIA and SPONSOR and has <br />no third -party beneficiaries. <br />(18) All legal actions by either party against the other arising from this AGREEMENT, or for <br />the failure to perform in accordance with the applicable standard of care, or for any other cause <br />of action, will be subject to the statutes of limitations of the State of California. <br />(19) Should it become necessary to enforce the terms of this AGREEMENT, the prevailing <br />party shall be entitled to recover reasonable expenses and attorney's fees from the other party. <br />(20) This AGREEMENT shall terminate upon completion and acceptance of PROJECTS by <br />SPONSOR or ten years from the date of this AGREEMENT, whichever is earlier in time. This <br />termination date may be modified through the SPECIFIC AGREEMENT. Should <br />AGREEMENT terminate due to time, any eligible costs incurred or paid by ACTIA over and <br />above its proportionate share shall be due from SPONSOR to ACTIA. Payment of these eligible <br />costs is covered in Section I.30. <br />(21) This AGREEMENT, including its RECITALS, EXHIBITS, and Appendices, constitutes <br />the entire AGREEMENT, supersedes all prior written or oral understandings, and may be <br />changed only by a written amendment executed by both parties. <br />Page 14 <br />
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