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Alameda CTC Agreement No. A25-0014 <br />Project No. 25ALA09 <br /> <br /> <br />Page 14 of 16 <br /> <br />2021 PFA Version <br />its governing body, and all its officers, employees, agents, representatives, and successors-in-interest, against <br />any and all liability, loss, expense, including reasonable attorneys’ fees, or claims for injury (as defined in <br />Government Code Section 810.8) or damages occurring by reason of anything done or omitted to be done by <br />ALAMEDA CTC in connection with PROJECT, including the performance of the PROJECT or operation or use <br />of the equipment that is subject to this AGREEMENT. <br /> <br />22. Nothing in the provisions of this AGREEMENT is intended to create duties or obligations to <br />or rights in third parties not party to this AGREEMENT. This AGREEMENT gives no rights or benefits to anyone <br />other than ALAMEDA CTC and PROJECT SPONSOR and has no third-party beneficiaries. <br /> <br />23. All legal actions by either party against the other arising from this AGREEMENT, or for the <br />failure to perform in accordance with the applicable standard of care, or for any other cause of action, will be <br />subject to the statutes of limitations of the State of California. <br /> <br />24. Should it become necessary to enforce the terms of this AGREEMENT, the prevailing party <br />shall be entitled to recover reasonable expenses and attorney’s fees from the other party. <br /> <br />25. This AGREEMENT shall terminate upon the Agreement Expiration Date identified in <br />Appendix B: Funds Obligated by this AGREEMENT unless this AGREEMENT is extended by mutual <br />agreement of the parties. Notwithstanding the foregoing, Sections I.7, I.19, III.20 and III.21 shall survive the <br />termination or expiration of this AGREEMENT. <br /> <br />26. This AGREEMENT, including its Recitals and Appendices, constitutes the entire <br />AGREEMENT. This AGREEMENT may be changed only as allowed in Sections III.1 and Section III.2 of this <br />AGREEMENT or by a written amendment executed by both parties. <br /> <br /> <br /> <br />[Signatures on the next page] <br /> <br />Docusign Envelope ID: B0F13DA5-E6D2-420E-BD8C-048D0AAD0904Docusign Envelope ID: 4B279865-AC5E-450B-B9B2-8E1EF5B6BFC9