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66484.3. Said fee shall be in the form, and in those amounts set forth in the "Major <br />Thoroughfare and Bridge Fee Program For the San Joaquin Hills Transportation Corridor and <br />Foothill/Eastern Transportation Corridors," attached hereto as Exhibit "A" and incorporated by <br />reference herein. The imposition of said fee by each Party shall be a condition precedent to that <br />Party's participation in the Agency, and each Party covenants to continue the imposition of such <br />fees as required herein and as 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 review of the above- described <br />fee program and may, upon approval of not less than two- thirds (2/3) of its Members, modify the <br />fee to be imposed by the Parties hereto. Each Party shall impose said revised fee within one <br />hundred twenty (120) days, and if a Party fails to impose said fees, repeals the enabling <br />ordinance or fee requirement or otherwise disables itself from the collection and remittance of <br />said fees to the Agency, on the effective date of any such action or upon expiration of the <br />aforementioned time period, whichever is sooner, such action shall be deemed the withdrawal of <br />that Party from the Agency, subject to the conditions specified in Section 9.2 below. <br />If the Agency has entered into a Joint Transportation Corridor Agency Agreement <br />pursuant to which a Joint Transportation Corridor Agency has been formed as authorized by <br />Section 2.3 of this Agreement, such Joint Transportation Corridor Agency Agreement may <br />provide that the board of directors of the Joint Transportation Corridor Agency shall be <br />responsible for undertaking the annual or more frequent review of the above - described fee <br />program, and shall have the power to modify the fees to be imposed by the Parties hereto upon <br />approval of such modification by such board of directors in accordance with the terms of the <br />Joint Transportation Corridor Agency Agreement. In such event, each Party shall impose said <br />revised fee as provided herein as if such revised fee had been approved by the Board in <br />accordance with this Section 4.2. <br />4.3 Payment. <br />Each Party agrees to hold said fees in trust for the Agency, and to pay said fees to <br />the Agency in quarterly payments, within sixty (60) days after the end of each quarter. <br />The Board may authorize an audit of any Party to determine whether said <br />payments of fees accurately reflect each Party's obligations under this Agreement. Unpaid fees <br />shall bear interest at a rate to be determined by the Board. In the event that any Parry fails to <br />remit said fees to the Agency, said failure may be deemed by the Board to be a withdrawal of <br />that Party from the Agency subject to the conditions specified in Section 9.2 hereof. <br />In the event that any dispute arises as to the amount of fees assessed any person <br />under the fee program, any aggrieved person may appeal the decision of a Party hereto regarding <br />the appropriate amount of the assessment to the Agency, in accordance with the rules and <br />regulations established by the Agency, which decision shall be final. In the event that any Party <br />hereto becomes a Party to litigation regarding the legality of the fee program, the Board, where it <br />deems appropriate, may defend such action or lend other assistance to said Party in said action. <br />-10- <br />