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The Board may authorize an audit of any Party to <br />determine whether said payments of fees accurately reflect <br />each Party's obligations under this Agreement. Unpaid fees <br />shall bear interest at a rate to be determined by the Board. <br />In the event that any Party fails to remit said fees to the <br />Agency, said failure may be deemed by the Board to be a <br />withdrawal of that Party from the Agency subject to the <br />conditions specified in Section 9.2 hereof. <br />In the event that any dispute arises as to the amount <br />of fees assessed any person under the fee program, any <br />aggrieved person may appeal the decision of a Party hereto <br />regarding the appropriate amount of the assessment to the <br />Agency, in accordance with the rules and regulations <br />established by the Agency, which decision shall be final. In <br />the event that any Party hereto becomes a Party to litigation <br />regarding the legality of the fee program, the Board, where it <br />deems appropriate, may defend such action or lend other <br />assistance to said Party in said action. <br />4.4 <br />When it is within its power to do so, each Party shall <br />be individually responsible for the preservation and <br />acquisition by dedication pursuant to Title 7, Divisions 1. and <br />2. of the Government Code of rights -of -way and similar property <br />interests within its territory which are necessary to <br />accomplish the purposes of this Agreement. Except as provided <br />in Recital G of this Agreement, in the event that a Party fails <br />to acquire these rights -of -way by the above - mentioned means <br />after the route alignment for the San Joaquin Hills <br />Transportation Corridor is established and accepted by the <br />Agency, or fails to preserve such rights -of -way and property <br />interests by the above mentioned means which were established <br />by the County of Orange prior to such establishment and <br />acceptance by the Agency, that Party shall compensate the <br />Agency for all costs (including attorneys' fees) incurred by <br />the Agency in acquiring said rights -of -way and property <br />interests. <br />-12- <br />