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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />AGREEMENT NO. C-1-2492 <br />condition(s) of the agreement between AUTHORITY, CITY and CONTRACTOR and it supersedes all <br />prior representations, understandings and communications. The invalidity in whole or in part of any <br />term or condition of this Agreement shall not affect the validity of other term(s) or condition(s). <br />B. AUTHORITY's failure to insist in any one or more instances upon CITY's or <br />CONTRACTOR's performance of any term(s) or condition(s) of this Agreement shall not be construed <br />as a waiver or relinquishment of AUTHORITY's right to such performance or to future performance of <br />such term(s) or condition(s) and CITY's and/or CONTRACTOR's obligation in respect thereto shall <br />continue in full force and effect. Changes to any portion of this Agreement shall not be binding upon <br />AUTHORITY except when specifically confirmed in writing by an authorized representative of <br />AUTHORITY by way of a written amendment to this Agreement and issued in accordance with the <br />provisions of this Agreement. <br />ARTICLE 2. RESPONSIBILITIES OF AUTHORITY <br />A. AUTHORITY agrees to provide funds in the initial year in the amount specified in the <br />attached Exhibit B, "Projected Funding Level," in accordance with Article 5 ("Term of Agreement"), for <br />the Senior Mobility Program using funds obtained from Article 4.5 of the State of California <br />Transportation Development Act. Funding levels are determined annually and are calculated using <br />the annual percentage change of AUTHORITY's budget for Transportation Development Act sales tax <br />revenues. <br />B. AUTHORITY will pay to CITY the AUTHORITY's annual contribution for the first fiscal <br />year within thirty (30) days of receipt of a request to draw down Senior Mobility Program funds or the <br />start of service, whichever is later. Subsequent annual contributions will be paid to CITY by August 31St <br />of the following year. <br />C. All unused or unmatched AUTHORITY funds shall be deducted from the following fiscal <br />year allocations. <br />D. AUTHORITY may provide, at AUTHORITY's sole discretion, a refurbished surplus <br />paratransit vehicle, at no cost to CONTRACTOR and no further responsibility to AUTHORITY after <br />Page 2 of 8 <br />L:\Camm\CLERICAL\W ORDPROC\HGREE\AG12492.docx