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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />COOPERATIVE AGREEMENT NO. C-3-2323 <br />Streetcars, the portions of the priority software specific to System operations and other functionally related <br />and appurtenant equipment and facilities. <br />ARTICLE 2. COMPLETE AGREEMENT <br />A. This Agreement, including any attachments incorporated herein and made applicable by <br />reference, constitutes the complete statement of the term(s) and conditions(s) of this Agreement between <br />the Parties on the subjects herein. This Agreement does not replace or supersede the MOU for the OC <br />Streetcar Project entered into prior to this Agreement, however, any terms or conditions in conflict shall <br />be controlled by this Agreement. The invalidity in whole or in part of any term or condition of this <br />Agreement shall not affect the validity of other term(s) or conditions(s) of this Agreement. The above <br />referenced Recitals are true and correct and are incorporated by reference herein. <br />B. The AUTHORITY's failure to insist on any instance(s) of the CITY's performance of any <br />term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of the <br />AUTHORITY's right to such performance or to future performance of such term(s) or condition(s), and <br />the CITY's obligation in respect thereto shall continue in full force and effect. Changes to any portion of <br />this Agreement shall not be binding upon the AUTHORITY except when specifically confirmed in writing <br />by an authorized representative of the AUTHORITY by way of a written amendment to this Agreement <br />and issued in accordance with the provisions of this Agreement. <br />C. The CITY's failure to insist on any instance(s) of the AUTHORITY's performance of any <br />term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of the <br />CITY's right to such performance or to future performance of such term(s) or condition(s), and the <br />AUTHORITY's obligation in respect thereto shall continue in full force and effect. Changes to any portion <br />of this Agreement shall not be binding upon the CITY except when specifically confirmed in writing by an <br />authorized representative of the CITY by way of a written amendment to this Agreement and issued in <br />accordance with the provisions of this Agreement. <br />1 <br />Page 6 of 14 <br />