TRANSPORTATION CORRIDOR AGENCY - FOOTHILL - EASTERN CORRIDOR

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regarding the appropriate amount of the assessment to the Agency, in accordance with the rules and regulations established by the Agency, which decision shall be final. In the event that any Party hereto becomes a Party to litigation regarding the legality of the fee program, the Board, where it deems appropriate, may defend such action or lend other assistance to said Party in said action. 4.4 When it is within its power to do so, each Party shall be individually responsible for the preservation and acquisition by dedication pursuant to Title 7, Divisions 1. and 2. of the Government Code of rights -of -way and similar property interests within its territory which are necessary to accomplish the purposes of this Agreement. In the event that a Party fails to acquire these rights -of -way by the above - mentioned means after the route alignments for the Foothill and Eastern Transportation Corridors are established and accepted by the Agency, or fails to preserve such rights -of -way and property interests by the above mentioned means which were established by the County of Orange prior to such establishment and acceptance by the Agency, that Party shall compensate the Agency for all costs (including attorneys, fees) incurred by the Agency in acquiring said rights -of -way and property interests. V. �MMMRARMMAR4AM.Tel 5.1 Joint Action with Other Agencies. In the event that other major thoroughfare and bridge fee agencies are formed for the purpose of planning, coordinating, acquiring, financing, constructing, maintaining, repairing, managing, operating and controlling major thoroughfares and bridges in the San Joaquin Hill, Transportation Corridor or other transportation corridors, the Board is authorized to make or perform any agreement to join with said agencies in the planning and implementation of said thoroughfares and bridges, when for any purpose otherwise permitted by law, the Board deems it appropriate. -12-