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SECTION C
<br />IT I$ MUTUALLY AGREED THAT:
<br />12-ORA-55-PM 9.45
<br />EA: 926133, ID: 1222000052
<br />District Agreement No. 12-832
<br />I. All CALTRANS' obligations tinder this Agreement are subject to the appropriation of resources
<br />by the Legislature and the State Budget Act authority, programming of funds by the California
<br />Transportation Commission (CTC) and the allocation thereof by the CTC.
<br />2. CITY's total obligation is set at $2,500.00, If CALTRANS anticipates that finding will be
<br />insufticientto complete IMPROVEMENTS, due to (i) mutually agreed material modifications, (ii)
<br />the failure by CITY to perform its obligations under this Agreement following written notice from
<br />CALTRANS to CITY, or (iii) unforeseen conditions that are discovered during the performance of
<br />IMPROVEMENTS, CALTRANS will promptly notify CITY. CALTRANS may be required to
<br />stop work on IMPROVEMENTS until additional funding is secured and/or to restore the site of
<br />IMPROVEMENTS ton condition of safe operation, using any then unexpended funds, if additional
<br />finds are not made available for IMPROVEMENTS.
<br />3. Neither CALTRANS nor any officer or employee thereof is responsible for any injury, damage, or
<br />liability occurring by reason of anything done or omitted to be done by CITY, its contractors, sub-
<br />contractors, and/or its agents under or in connection with any work, authority, or jurisdiction
<br />conferred upon CITY or under this Agreement. It is understood and agreed that CITY, to the extent
<br />permitted by law, will fully defend, indemnify, and save harmless CALTRANS and all of its
<br />officers and employees from all claims, suits, or actions of every name, kind, and description
<br />brought forth under, but not limited to, tortuous, contractual, inverse condemnation, or other
<br />theories or assertions of liability occurring by reason of anything done or omitted to be done by
<br />CITY, its contractors, sub -contractors and/or its agents under this Agreement.
<br />4. Neither CITY nor any officer or employee thereof is responsible for any injury, damage, or liability
<br />occurring by reason of anything done or omitted to be done by CALTRANS, its contractors, sub-
<br />contractors, and/or its agents under or in connection with any work, authority, or jurisdiction
<br />conferred upon CALTRANS or under this Agreement. It is understood and agreed that
<br />CALTRANS, to the extent permitted by law, will fully defend, indemnify, and save harmless CITY
<br />and all of its officers and employees from all claims, suits, or actions of every name, kind, and
<br />description brought forth under, but not 1united to, tortuous, contractual, inverse condemnation, or
<br />other theories or assertions of liability occurring by reason of anything done or omitted to be done
<br />by CALTRANS, its contractors, sub -contractors and/or its agents under this Agreement.
<br />5. This Agreement will terminate upon completion of IMPROVEMENTS that all parties have met all
<br />scope, cost, and schedule commitments included in this agreement and have signed a cooperative
<br />agreement closure statement, which is a document signed by PARTIES that verifies the completion
<br />of all scope, cost, and schedule commitments. However, all indemnification, document retention,
<br />audit, claims, environmental commitment, legal challenge, hazardous material, operation,
<br />maintenance, and ownership articles will remain in effect until terminated, expired by statute of
<br />limitation, or modified in writing by mutual agreement.
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