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1 <br />2 <br />0 <br />4 <br />5 <br />6 <br />7 <br />17 <br />0 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />1s <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />COOPERATIVE AGREEMENT C -1 -3022 <br />WHEREAS, the CITY of Fountain Valley's City Council approved this Agreement on the <br />2 1 ��day of /t' o v'em ber 20 // . <br />WHEREAS, the CITY of Huntington Beach's City Council approved this Agreement on the <br />day of /dove" bey , 20__4/ <br />WHEREAS, the CITY of Santa Ana's City Council approved this Agreement on the <br />day of Dec «mhe, 20_,L). <br />WHEREAS, the State of California Department of Transportation's Deputy District Director of <br />Operations approved this Agreement on the day of <br />NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and the <br />PARTICIPATING AGENCIES as follows: <br />ARTICLE 1. COMPLETE AGREEMENT <br />A. This Agreement constitutes the complete and exclusive statement of the terms and <br />conditions of the Agreement between AUTHORITY and the PARTICIPATING AGENCIES concerning <br />the PROJECT roles and responsibilities and required PROJECT match and supersedes all prior <br />representations, understandings and communications between the parties. The above - referenced <br />Recitals are true and correct and are incorporated by reference herein. <br />B. AUTHORITY's failure to insist on any instance(s) of PARTICIPATING AGENCIES's <br />performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver or <br />relinquishment of AUTHORITY's right to such performance or to future performance of such term(s) or <br />condition(s), and AGENCY's obligation in respect thereto shall continue in full force and effect. Changes <br />to any portion of this Agreement shall not be binding upon AUTHORITY except when specifically <br />confirmed in writing by an authorized representative of AUTHORITY by way of a written amendment to <br />this Agreement and issued in accordance with the provisions of this Agreement. <br />C. PARTICIPATING AGENCIES's failure to insist on any instance(s) of AUTHORITY's <br />performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver or <br />relinquishment of PARTICIPATING AGENCY's right to such performance or to future performance of <br />Page 3 of 14 <br />