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<br />AGREEMENT C-6-0069 <br /> <br />I <br /> <br /> <br />2 <br /> <br /> <br />3 <br /> <br /> <br />4 <br /> <br /> <br />5 <br /> <br /> <br />6 <br /> <br /> <br />7 <br /> <br /> <br />8 <br /> <br /> <br />9 <br /> <br /> <br />10 <br /> <br /> <br />II <br /> <br /> <br />12 <br /> <br /> <br />13 <br /> <br /> <br />14 <br /> <br /> <br />IS <br /> <br /> <br />16 <br /> <br /> <br />17 <br /> <br /> <br />18 <br /> <br /> <br />19 <br /> <br /> <br />20 <br /> <br /> <br />21 <br /> <br /> <br />22 <br /> <br /> <br />23 <br /> <br /> <br />24 <br /> <br /> <br />25 <br /> <br /> <br />26 <br /> <br />WHEREAS, AUTHORITY will make available, under the terms and conditions set below, <br />funding, through the gas tax subvention funds, for PHASE I and PHASE /I of the PROJECT, each as <br />defined hereunder, in the Not To Exceed Amount of One Hundred Twenty Five Million Dollars <br />(hereinafter referred to as "COMMITTED FUNDING AMOUNT'); and <br />WHEREAS, jOint efforts will be made by the Parties to seek additional funding sources in the <br />amount of One Hundred Million Dollars (herein referred to as "ADDITIONAL FUNDING" and further <br />defined hereunder) for performance of work performed during PHASE III and PHASE IV of the <br />PROJECT, each as defined hereunder; and <br />WHEREAS, the AUTHORITY makes no guarantee as to availability of the ADDITIONAL <br />FUNDING; and <br />WHEREAS, this Cooperative Agreement defines the specific terms, conditions and funding <br />responsibilities between AUTHORITY and CITY for performance of the various phases of the <br />PROJECT. <br />NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY as <br />follows: <br />ARTICLE 1. COMPLETE AGREEMENT <br />This Agreement, including all exhibits and documents incorporated herein and made <br />applicable by reference, constitutes the complete and exclusive statement of the terms and <br />conditions of the Agreement between AUTHORITY and CITY concerning the PROJECT and <br />supersedes all prior representations, understandings and communications between the parties. The <br />above-referenced Recitals are true and correct and are incorporated by reference herein. <br />ARTICLE 2. SCOPE AND DEFINITIONS <br />A. Scope of Aqreement- This Agreement specifies the procedures that AUTHORITY and <br />CITY will follow in implementing their respective roles and responsibilities in the design, <br />construction, right-of-way acquisition and funding of the PROJECT. Both AUTHORITY and CITY <br />agree that each will cooperate and coordinate with the other in all activities covered by this <br /> <br />Page 2 of 26 <br />