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constructing major thoroughfares and bridges, in accordance <br />with California Government Code Section 66484.3. Said fee <br />shall be in the form, and in those amounts set forth in the <br />"Major Thoroughfare and Bridge Fee Program For the San Joaquin <br />Hills Transportation Corridor and Foothill /Eastern <br />Transportation Corridors," attached hereto as Exhibit "A" and <br />incorporated by reference herein. The imposition of said fee <br />by each Party shall be a condition precedent to that Party's <br />participation in the Agency, and each Party covenants to <br />continue the imposition of such fees as required herein and as <br />required by provisions of any applicable bond indentures." <br />4.2 Annual Review of Fees. <br />At least once annually, the Board shall undertake a <br />review of the above - described fee program and may, upon <br />approval of not less than two - thirds (2/3) of its Members, <br />modify the fee to be imposed by the Parties hereto. Each <br />Party shall impose said revised fee within one hundred twenty <br />(120) days, and if a Party fails to impose said fees, repeals <br />the enabling ordinance or fee requirement or otherwise disables <br />itself from the collection and remittance of said fees to the <br />Agency, on the effective date of any such action or upon <br />expiration of the aforementioned time period, whichever is <br />sooner, such action shall be deemed the withdrawal of that <br />Party from the Agency, subject to the conditions specified in <br />Section 9.2 below. <br />4.3 Payment. <br />Each Party agrees to hold said fees in trust for the <br />Agency, and to pay said fees to the Agency in quarterly <br />payments, within sixty (60) days after the end of each quarter. <br />The Board may authorize an audit of any Party to <br />determine whether said payments of fees accurately reflect <br />each Party's obligations under this Agreement. Unpaid fees <br />shall bear interest at a rate to be determined by the Board. <br />In the event that any Party fails to remit said fees to the <br />Agency, said failure may be deemed by the Board to be a <br />withdrawal of that Party from the Agency subject to the <br />conditions specified in Section 9.2 hereof. <br />In the event that any dispute arises as to the amount <br />of fees assessed any person under the fee program, any <br />aggrieved person may appeal the decision of a Party hereto <br />_11_ <br />