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AGREEMENT NO. C-1-2492 <br />1 condition(s) of the agreement between AUTHORITY, CITY and CONTRACTOR and it supersedes all <br />2 prior representations, understandings and communications. The invalidity in whole or in part of any <br />3 term or condition of this Agreement shall not affect the validity of other term(s) or condition(s). <br />4 B. AUTHORITY's failure to insist in any one or more instances upon CITY's or <br />5 CONTRACTOR's performance of any term(s) or condition(s) of this Agreement shall not be construed <br />6 as a waiver or relinquishment of AUTHORITY's right to such performance or to future performance of <br />7 such term(s) or condition(s) and CITY's and/or CONTRACTOR's obligation in respect thereto shall <br />8 continue in full force and effect. Changes to any portion of this Agreement shall not be binding upon <br />9 AUTHORITY except when specifically confirmed in writing by an authorized representative of <br />10 AUTHORITY by way of a written amendment to this Agreement and issued in accordance with the <br />11 provisions of this Agreement. <br />12 ARTICLE 2. RESPONSIBILITIES OF AUTHORITY <br />13 A. AUTHORITY agrees to provide funds in the initial year in the amount specified in the <br />14 attached Exhibit B, "Projected Funding Level," in accordance with Article 5 ("Term of Agreement"), for <br />15 the Senior Mobility Program using funds obtained from Article 4.5 of the State of California <br />16 Transportation Development Act. Funding levels are determined annually and are calculated using <br />17 the annual percentage change of AUTHORITY's budget for Transportation Development Act sales tax <br />18 revenues. <br />19 B. AUTHORITY will pay to CITY the AUTHORITY's annual contribution for the first fiscal <br />20 year within thirty (30) days of receipt of a request to draw down Senior Mobility Program funds or the <br />21 start of service, whichever is later. Subsequent annual contributions will be paid to CITY by August 31't <br />22 of the following year. <br />23 C. All unused or unmatched AUTHORITY funds shall be deducted from the following fiscal <br />24 year allocations. <br />25 D. AUTHORITY may provide, at AUTHORITY's sole discretion, a refurbished surplus <br />26 paratransit vehicle, at no cost to CONTRACTOR and no further responsibility to AUTHORITY after <br />Page 2 of 8 <br />Lt\Camm\CLERICAL\wORDPROC\AGREE\AGI2492. docx