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COOPERATIVE AGREEMENT NO. C-6-1427 <br />1 WHEREAS, CITY agrees to act as lead agency for construction engineering, construction <br />2 management and construction of PROJECT; and <br />3 WHEREAS, this Cooperative Agreement defines the specific terms and conditions and funding <br />4 responsibilities between AUTHORITY and CITY for completion of PROJECT; and <br />5 WHEREAS, CITY's Council authorized the CITY to enter into a Cooperative Agreement on <br />6 Zv*"day of 9ef ewoloer 2016. <br />7 NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY as follows: <br />8 ARTICLE 1. COMPLETE AGREEMENT <br />9 A. This Cooperative Agreement, including any attachments incorporated herein and made <br />10 applicable by reference, constitutes the complete and exclusive statement of the term(s) and <br />11 condition(s) of this Cooperative Agreement between AUTHORITY and CITY and it supersedes all prior <br />12 representations, understandings, and communications. The invalidity in whole or in part of any term <br />13 or condition of this Cooperative Agreement shall not affect the validity of other term(s) or condition(s) <br />14 of this Cooperative Agreement. The above referenced Recitals are true and correct and are <br />15 incorporated by reference herein. <br />16 B. AUTHORITY's failure to insist on any instance(s) of CITY's performance of any term(s) <br />17 or condition(s) of this Cooperative Agreement shall not be construed as a waiver or relinquishment of <br />18 AUTHORITY's right to such performance or to future performance of such term(s) or condition(s), and <br />19 CITY's obligation in respect thereto shall continue in full force and effect. Changes to any portion of <br />20 this Cooperative Agreement shall not be binding upon AUTHORITY except when specifically <br />21 confirmed in writing by an authorized representative of AUTHORITY by way of a written amendment <br />22 to this Cooperative Agreement and issued in accordance with the provisions of this Cooperative <br />23 Agreement. <br />24 C. CITY's failure to insist on any instance(s) of AUTHORITY's performance of any term(s) <br />25 or condition(s) of this Cooperative Agreement shall not be construed as a waiver or relinquishment of <br />26 CITY's right to such performance or to future performance of such term(s) or condition(s), and <br />Page 3 of 11 <br />