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District Agreement 12-0624 <br />Functional Rate and the Administration Rate annually according to State and Federal <br />regulations. <br />80. All obligations of CALTRANS under the terms of this agreement are subject to the <br />appropriation of resources by the Legislature, the State Budget Act authority, and the <br />allocation of funds by the California Transportation Commission. <br />81. Any PARTNER who performs IQA does so for its own benefit, further, that PARTNER <br />cannot be assigned liability due to its IQA activities. <br />82. Neither SANTA ANA nor any officer or employee thereof is responsible for any injury, <br />damage or liability occurring by reason of anything done or omitted to be done by <br />CALTRANS under or in connection with any work, authority, or jurisdiction conferred <br />upon CALTRANS under this agreement. <br />It is understood and agreed that CALTRANS will fully defend, indemnify, and save <br />harmless SANTA ANA and all of its officers and employees from all claims, suits, or <br />actions of every name, kind, and description brought forth under, but not limited to, <br />tortious, contractual, inverse condemnation, or other theories or assertions of liability <br />occurring by reason of anything done or omitted to be done by CALTRANS under this <br />agreement. <br />83. Neither CALTRANS nor any officer or employee thereof is responsible for any injury, <br />damage, or liability occurring by reason of anything done or omitted to be done by <br />SANTA ANA under or in connection with any work, authority, or jurisdiction conferred <br />upon SANTA ANA under this agreement. <br />It is understood and agreed that SANTA ANA will fully defend, indemnify, and save <br />harmless CALTRANS and all of its officers and employees from all claims, suits, or <br />actions of every name, kind, and description brought forth under, but not limited to, <br />tortious, contractual, inverse condemnation, or other theories or assertions of liability <br />occurring by reason of anything done or omitted to be done by SANTA ANA under this <br />agreement. <br />84. This agreement is not intended to create a third party beneficiary or define duties, <br />obligations, or rights in parties not signatory to this agreement. This agreement is not <br />intended to affect the legal liability of PARTNERS by imposing any standard of care for <br />completing WORK different from the standards imposed by law. <br />85. PARTNERS will not assign or attempt to assign agreement obligations to parties not <br />signatory to this agreement. <br />PACT Version 9.1 5-28-09 12 of 17 <br />23B-17