ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) (C-3-3087)

Home Browse Search

COOPERATIVE AGREEMENT NO. C-3-3087 1 NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY as follows: 2 ARTICLE 1. COMPLETE AGREEMENT 3 A. This Agreement, including any attachments incorporated herein and made applicable by 4 reference, constitutes the complete and exclusive statement of the term(s) and condition(s) of this 5 Agreement between AUTHORITY and CITY concerning the PROJECT and it supersedes all prior 6 representations, understandings, and communications. The invalidity in whole or in part of any term or 7 condition of this Agreement shall not affect the validity of other term(s)or conditions(s)of this Cooperative 8 Agreement. The above-referenced Recitals are true and correct and are incorporated by reference 9 herein. 10 B. AUTHORITY's failure to insist on any instance(s)of CITY's performance of any term(s)or 11 condition(s) of this Agreement shall not be construed as a waiver or relinquishment of AUTHORITY's 12 right to such performance or to future performance of such term(s)or condition(s), and CITY's obligation 13 in respect thereto shall continue in full force and effect. Changes to any portion of this Agreement shall 14 not be binding upon AUTHORITY except when specifically confirmed in writing by an authorized 15 representative of AUTHORITY by way of a written amendment to this Agreement and issued in 16 accordance with the provisions of this Agreement. 17 C. CITY's failure to insist on any instance(s)of AUTHORITY's performance of any term(s)or 18 condition(s)of this Agreement shall not be construed as a waiver or relinquishment of CITY's right to such 19 performance or to future performance of such term(s) or condition(s), and AUTHORITY's obligation in 20 respect thereto shall continue in full force and effect. Changes to any portion of this Agreement shall not 21 be binding upon CITY except when specifically confirmed in writing by an authorized representative of 22 CITY by way of a written amendment to this Agreement and issued in accordance with the provisions of 23 this Agreement. 24 ARTICLE 2. SCOPE OF AGREEMENT 25 This Agreement specifies the terms and conditions, roles and responsibilities of the PARTIES as 26 they pertain to the subjects and PROJECT addressed herein. Both PARTIES agree that each will Page 3 of 12