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• • <br />1 for any portion of such maintenance expense. <br />2 <br />3 SECTION III <br />~ IT IS MUTUALLY AGREED AS FOLLOWS: <br />5 (1) STATE shall not commence right of way <br />6 acquisition until after receipt of CITY's deposit required in <br />7 Section II, Article (2). <br />8 (2) If existing public and private utilities <br />9 conflict with the construction of the PROJECT, STATE (at STATE':; <br />lp expense) will make all necessary arrangements with the owners of`. <br />11 such utilities for their protection, relocation or removal. <br />]Q STATE will inspect (at STATE's sole expense) the protection, <br />13 relocation or removal of such utilities. If there are costs of <br />1~ such protection, relocation or removal which STATE and/or CITY <br />15 must legally pay, CITY will bear the entire cost of such <br />16 protection, relocation or removal. <br />17 (3) All obligations of STATE under the terms of <br />18 this Agreement are subject to the appropriation of resources by <br />19 the Legislature and the allocation of resources by the California <br />20 Transportation Commission. <br />21 (4) Should any portion of the PROJECT be financ~:d <br />22 with Federal funds or State gas tax funds all applicable <br />23 procedures and policies relating to the use of such funds shall <br />2~ apply notwithstanding other provisions of this Agreement. <br />25 * * * * <br />-6- <br />