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COOPERATIVE AGREEMENT NO. C-3-3023 <br /> HARBOR BOULEVARD CONNECTED CORRIDOR PROJECTS <br /> 1 WHEREAS, the City of Fullerton's City Council approved this Agreement on the 18th day <br /> 2 of June 2024 <br /> 3 WHEREAS, the City of Garden Grove's City Council approved this Agreement on the 28th <br /> 4 day of May 20 24 <br /> 5 WHEREAS, the City of Santa Ana's City Council approved this Agreement on the 4th day <br /> 6 of June 2024 . <br /> 7 NOW, THEREFORE, it is mutually understood and agreed by the AUTHORITY and the <br /> 8 PARTICIPATING AGENCIES as follows: <br /> 9 ARTICLE 1. COMPLETE AGREEMENT <br /> 10 A. This Agreement, including any attachments incorporated herein and made applicable by <br /> 11 reference, constitutes the complete and exclusive statement of the term(s) and conditions(s) of this <br /> 12 Agreement between the AUTHORITY and PARTICIPATING AGENCIES and it supersedes all prior <br /> 13 representations, understandings, and communications. The invalidity in whole or in part of any term or <br /> 14 condition of this Agreement shall not affect the validity of other term(s)or conditions(s)of this Agreement. <br /> 15 The above referenced Recitals are true and correct and are incorporated by reference herein. <br /> 16 B. The AUTHORITY's failure to insist on any instance(s) of PARTICIPATING AGENCIES' <br /> 17 performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver or <br /> 18 relinquishment of the AUTHORITY's right to such performance or to future performance of such term(s) <br /> 19 or condition(s), and PARTICIPATING AGENCIES' obligation in respect thereto shall continue in full force <br /> 20 and effect. Changes to any portion of this Agreement shall not be binding upon the AUTHORITY except <br /> 21 when specifically confirmed in writing by an authorized representative of the AUTHORITY by way of a <br /> 22 written amendment to this Agreement and issued in accordance with the provisions of this Agreement. <br /> 23 C. PARTICIPATING AGENCIES' failure to insist on any instance(s) of the AUTHORITY's <br /> 24 performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver or <br /> 25 relinquishment of PARTICIPATING AGENCIES' right to such performance or to future performance of <br /> 26 such term(s) or condition(s), and the AUTHORITY's obligation in respect thereto shall continue in full <br /> Page 3 of 15 <br />