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COOPERATIVE AGREEMENT NO. C-9-1837 <br />t this Cooperative Agreement shall not be binding upon AUTHORITY except when specifically <br />2 confirmed in writing by an authorized representative of AUTHORITY by way of a written amendment <br />3 to this Cooperative Agreement and issued in accordance with the provisions of this Cooperative <br />4 Agreement. <br />s C. CITY's failure to insist on any instance(s) of AUTHORITY's performance of any term(s) <br />c or condition(s) of this Cooperative Agreement shall not be construed as a waiver or relinquishment of <br />7 CITY's right to such performance or to future performance of such term(s) or condition(s), and <br />s AUTHORITY's obligation in respect thereto shall continue in full force and effect. Changes to any <br />9 portion of this Cooperative Agreement shall not be binding upon CITY except when specifically <br />to confirmed in writing by an authorized representative of CITY by way of a written amendment to this <br />it Cooperative Agreement and issued in accordance with the provisions of this Cooperative Agreement. <br />12 ARTICLE 2. SCOPE OF AGREEMENT <br />13 This Cooperative Agreement specifies the terms and conditions, roles and responsibilities of <br />14 PARTIES as they pertain to the subjects and PROJECT addressed herein. PARTIES agree that each <br />is will cooperate and coordinate with the other in all activities covered by this Cooperative Agreement <br />16 and any other supplemental agreements that may be required to facilitate purposes thereof. <br />17 ARTICLE 3. RESPONSIBILITIES OF AUTHORITY <br />is AUTHORITY agrees to the following responsibilities for PROJECT: <br />19 A. AUTHORITY shall formally request on behalf of CITY that the Southern California <br />20 Association of Governments ("SCAG") amend the FTIP to program funds in accordance with the <br />21 funding plan outlined in Exhibit A, as well as any required FTIP amendments, whereby AUTHORITY's <br />22 performance under this Cooperative Agreement is contingent upon SCAG, Caltrans and FHWA <br />23 approval. <br />24 B. AUTHORITY shall provide assistance to CITY in securing the CMAQ funds. <br />25 C. AUTHORITY shall not be authorized to program any amount beyond what has been <br />26 identified in this Cooperative Agreement as CMAQ and what is ultimately approved for PROJECT in <br />Page 4 of 12 <br />L:\Cam m\CLERICAL.\W ORD P RDC\AG RE E\AG91837. docx <br />