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rule or regulation, with respect to damage resulting from RTD's ACTIVITIES on the Sardee Portion. Nothing herein is intender} to render RTD responsible or liable to any greater extent than may be allowed by law for legacy contamination or other pre-existing environmental problems, including soil or groundwater contamination in existence on the Subject Property prior to commencement of the ACTIVITIES. This provision also applies to any claims and/or suits brought under the common law. 15. Indemnification from Mechanic Liens. RTD shall indemnify, defend and hold harmless TENANT and OWNER from any claims or mechanic liens brought against either TENANT or OWNER or against the ACTIVITIES as a result of the failure of RTD, or for whose acts it is responsible, to pay for any services, materials, labor, equipment, taxes or other items or obligations furnished in connection with the ACTIVITIES. Within 3 days of receiving written notice from TENANT or OWNER that such a claim or mechanics lien has been fled, RTD shall commence to take the steps necessary to discharge said claim or lien, if necessary, by furnishing a mechanic's lien bond. If RTD fails to do so, TENANT or OWNER will have the right to discharge the claim or lien and hold RTD liable for costs and expenses incurred, including attorneys' fees. 16. Emergencies. In any emergency affecting the safety of persons and/or property, RTD shall act immediately and with dispatch, and shall use their best professional judgment in consultation with highly qualified subcontractors to prevent threatened damage, injury or loss. RTD bears the sole risk for ensuring the health and safety of persons and property on this project and any additional costs incurred to prevent or minimize an emergency are to be borne exclusively by RTD. 17. Construction and Jurisdiction. This Agreement shall be construed in accordance with the laws of the State of California. All parties hereto have participated in the drafting of this Agreement, and the rule of construction requiring that any ambiguity be construed against the drafting party shall have no application hereto. In the event that this Agreement must be enforced by judicial proceedings, the parties hereby agree that such proceedings shall be conducted only in the Superior Court of the State of California, in and for the County of San Joaquin. 18. Notice and Correspondence. Notices required or allowed under this Agreement shall be sufficiently given, made or delivered if sent by email, fax (transmittal confirmed), or overnight courier service to the following: For RTD: Alex Clifford San Joaquin Regional Transit District P.O. Box 201010 Stockton, CA 95201 AClifford ceSJRTD.com With copies to: Dana A. Suntag {00198228.} [HCS 5104841 DRAF-r 420-23 23