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Alameda CTC Agreement No. A26-00XX <br />Page 8 of 9 <br />2026 MPFA <br /> <br /> <br /> <br /> <br /> <br />E. ATTORNEYS’ FEES <br /> <br />Should it become necessary to enforce the terms of this AGREEMENT, the prevailing party shall be <br />entitled to recover reasonable expenses and attorneys’ fees from the other party. <br /> <br />F. TERM <br /> <br />The term of this AGREEMENT shall be from July 1, 2026 to June 30, 2036, unless amended in writing <br />or a new Master Programs Funding Agreement is executed between ALAMEDA CTC and RECIPIENT. <br /> <br />G. SEVERABILITY <br /> <br />If any provision of this AGREEMENT is found by a court of competent jurisdiction or, if applicable, <br />an arbitrator, to be unenforceable, such provision shall not affect the other provisions of the AGREEMENT, <br />but such unenforceable provisions shall be deemed modified to the extent necessary to render it enforceable, <br />preserving to the fullest extent permissible the intent of the parties set forth in this AGREEMENT. <br /> <br />H. MODIFICATION <br /> <br />This AGREEMENT, and its Exhibits, as well as the referenced Implementation Guidelines, constitutes <br />the entire AGREEMENT, supersedes all prior written or oral understandings regarding Measure BB and VRF <br />program funds (but not project funding agreements), including but not limited to the ORIGINAL <br />AGREEMENT, which is terminated as of the effective date hereof. This AGREEMENT may only be changed by <br />a written amendment executed by both parties. Notwithstanding the foregoing, the Implementation <br />Guidelines, Performance Measures, and Timely Use of Funds Policies related to Measure BB and VRF funds <br />may be changed from time to time by the ALAMEDA CTC. <br />[ Signatures on next page] <br />Page 68 of 846