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25K - AGMT - PROJECT DEV FOR SANTA ANA-GARDEN GROVE FIXED GUIDEWAY
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25K - AGMT - PROJECT DEV FOR SANTA ANA-GARDEN GROVE FIXED GUIDEWAY
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Last modified
1/3/2012 3:51:41 PM
Creation date
3/3/2011 11:55:22 AM
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City Clerk
Doc Type
Agenda Packet
Item #
25K
Date
3/7/2011
Destruction Year
2016
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COOPERATIVE AGREEMENT NO. C-1-2447 <br />1 commandeering of material, products, plants or facilities by the federal, state or local government; <br />2 national fuel shortage; or a material act or omission by the other party; when satisfactory evidence of <br />3 such cause is presented to the other party, and provided further that such nonperformance is <br />4 unforeseeable, beyond the control and is not due to the fault or negligence of the Party not performing. <br />5 L. Assignment: Neither this Agreement, nor any of the Parties rights, obligations, duties, or <br />6 authority hereunder may be assigned in whole or in part by either Party without the prior written consent <br />7 of the other Party in its sole and absolute discretion. Any such attempt of assignment shall be deemed <br />s void and of no force and effect. Consent to one assignment shall not be deemed consent to any <br />9 subsequent assignment, nor the waiver of any right to consent to such subsequent assignment. <br />10 M. Obligations to Comply with Law: Nothing herein shall be deemed nor construed to <br />11 authorize or require any Party to issue bonds, notes, or other evidences of indebtedness under the <br />12 terms, in amounts, or for purposes other than as authorized by local, state, or federal law. <br />13 N. Governing Law: The laws of the State of California and applicable local and federal <br />14 laws, regulations, and guidelines shall govern this Agreement. <br />15 O. Litigation Fees: Should litigation arise out of this Agreement for the performance thereof, <br />16 each party shall be responsible for its own costs and expenses, including attorney's fees. <br />17 This Agreement shall be effective upon execution by both parties. <br />1s <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />Page 12 of 13 <br />25K-14
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