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<br />AGREEMENT NO. C-9-0823 <br /> <br />referenced Recitals are true and correct and are incorporated by reference herein. <br />2 B. AUTHORITY'S failure to insist on any instance(s) of CITY's performance of any <br />3 term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of <br />4 AUTHORITY's right to such performance or to future performance of such term(s) or condition(s), <br />5 and CITY's obligation in respect thereto shall continue in full force and effect. Changes to any <br />6 portion of this Agreement shall not be binding upon AUTHORITY except when specifically confirmed <br />7 in writing by an authorized representative of AUTHORITY by way of a written amendment to this <br />8 Agreement and issued in accordance with the provisions of this Agreement. <br />9 ARTICLE 2. RESPONSIBILITIES OF AUTHORITY <br />10 AUTHORITY agrees to the following responsibilities for PROJECT: <br />11 A. AUTHORITY shall formally request on behalf of the CITY that the Southern California <br />12 Association of Governments (SCAG) amend the Regional Transportation Improvement Program (RTIP) <br />]3 to program Two Million Six Hundred Fifty Five Thousand Nine Hundred dollars ($2,655.900.00) in <br />14 accordance with the funding plan and schedule outlined in Exhibit 1, whereby AUTHORITY's <br />15 performance under this Agreement is contingent upon SCAG. FHWA, and FTA approval. <br />16 B. AUTHORITY agrees to remit to CITY Federal Funds in an amount not to exceed One <br />17 Million Three Hundred Twenty Seven Thousand Nine Hundred Fifty dollars ($1,327,950.00) and <br />]8 Measure M (M1) Transit funds in an amount not to exceed Three Hundred Forty Four Thousand One <br />19 Hundred dollars ($344,100.00) within thirty (30) days of receipt of an acceptable invoice up to one <br />20 hundred (100%) percent of eligible M1 and RSTP costs in accordance with funding schedule Exhibit 1. <br />2] Such costs shall not exceed the sum of One Million Six Hundred Seventy Two Thousand and Fifty <br />22 dollars ($1,672,050.00), subject to federal appropriations, from October 1,2009 to March 31, 2010. <br />23 AUTHORITY shall not be obligated to pay for any amount beyond what has been identified in this <br />24 Article. Invoices submitted must comply with the requirements of Article 4 below. <br />25 C. AUTHORITY shall process any required RTIP amendments. <br />26 f <br /> <br />Page 3 of 12 <br />