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the Agency, said failure may be deemed by the Board to be a <br />withdrawal of that party from the Agency. <br />In the event that any dispute arises as to the <br />amount of fees assessed any person under the fee program, any <br />aggrieved person may appeal the decision of a party hereto <br />regarding the appropriate amount of the assessment to the <br />Agency, which decision shall be final. In the event that any <br />party hereto becomes a party to litigation regarding the <br />legality of the fee program, or the fees imposed pursuant to <br />the fee program, the Board, where it deems appropriate, may <br />defend such action or lend other assistance to said party in <br />said action. <br />4.4 Compensation of Agency for Acquisition of Rights - <br />of -Way. <br />When it is within its power to do so, each party <br />shall be individually responsible for the acquisition by <br />dedication pursuant to Title 7, Division 2 of the Government <br />Code of rights -of -way and similar property interests within <br />its territory which are necessary to accomplish the purposes <br />of this Agreement. In the event that a party fails to <br />acquire these rights -of -way by the above - mentioned means <br />after the route alignments for the Eastern and Foothill <br />Transportation Corridors are established and accepted by the <br />Agency, that party shall compensate the Agency for all costs <br />(including attorneys' fees) incurred by the Agency in acquir- <br />ing said property interests. <br />-17- <br />