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District Agreement 12-0624 <br />63. Independent of WORK costs, SANTA ANA will fund the cost of its own IQA for WORK <br />done outside existing or proposed future SHS right of way. <br />64. Fines, interest, or penalties levied against any partner will be paid, independent of WORK <br />costs, by the partner whose actions or lack of action caused the levy. That partner will <br />indemnify and defend all other partners. <br />65. The cost to place PROJECT right of way in a safe and operable condition and meet all <br />environmental commitments is a WORK cost. <br />66. Because IMPLEMENTING AGENCY is responsible for managing the scope, cost, and <br />schedule of a project component, if there are insufficient funds available in this agreement <br />to place the right of way in a safe and operable condition, the appropriate <br />IMPLEMENTING AGENCY accepts responsibility to fund these activities until such time <br />as PARTNERS amend this agreement. <br />That IMPLEMENTING AGENCY may request reimbursement for these costs during the <br />amendment process. <br />67. If there are insufficient funds in this agreement to implement applicable commitments and <br />conditions included in the PROJECT environmental documentation, permits, agreements, <br />and/or approvals that are in effect at a time that WORK stops, the partner implementing <br />the commitments or conditions accepts responsibility to fund these activities until such <br />time as PARTNERS amend this agreement. <br />That partner may request reimbursement for these costs during the amendment process. <br />68. PARTNERS will pay invoices within 30 calendar days of receipt of invoice. <br />69. FUNDING PARTNERS accept responsibility to provide the funds identified on the <br />FUNDING SUMMARY. <br />70. SPONSOR(S) accepts responsibility to ensure full funding for the identified scope of <br />work. <br />Cost: CONSTRUCTION Support <br />71. The cost to maintain the SHS within WORK limits is a WORK cost until COMPLETION <br />OF WORK, after which, the cost of maintenance will be handled through an existing <br />maintenance agreement. <br />72. Each PARTNER listed below may submit invoices for CONSTRUCTION Support: <br />• CALTRANS may invoice SANTA ANA <br />PACT Version 9.1 5-28-09 10 of 17 <br />23A-14