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ORANGE COUNTY TRANSPORTATION AUTHORITY (FOUNTAIN VALLEY, HUNTINGTON BEACH, SANTA ANA) - 2011
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ORANGE COUNTY TRANSPORTATION AUTHORITY (FOUNTAIN VALLEY, HUNTINGTON BEACH, SANTA ANA) - 2011
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Last modified
5/13/2014 3:59:33 PM
Creation date
7/30/2012 9:50:17 AM
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Contracts
Company Name
ORANGE COUNTY TRANSPORTATION AUTHORITY (FOUNTAIN VALLEY, HUNTINGTON BEACH, SANTA ANA)
Contract #
A-2011-265
Agency
PUBLIC WORKS
Council Approval Date
12/19/2011
Expiration Date
9/30/2014
Destruction Year
2019
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COOPERATIVE AGREEMENT C -1 -3022 <br />1 F. Counterparts of Agreement: This Agreement may be executed and delivered in any <br />2 number of counterparts, each of which, when executed and delivered shall be deemed an original and <br />3 all of which together shall constitute the same agreement. Facsimile signatures will be permitted. <br />4 G. In the event that the PROJECT Costs exceed the estimates as submitted in the <br />5 APPLICATION as prepared by the APPLICANT AGENCY, all parties agree to meet and determine <br />6 PROJECT revisions to meet the budget or a revised funding proposal by PARTICIPATING AGENCIES <br />7 which shall be documented and submitted in writing as a revision to the agreement. <br />8 H. AUTHORITY and PARTICIPATING AGENCIES shall comply with all applicable federal, <br />9 state and local laws, statutes, ordinances and regulations of any governmental authority having <br />10 jurisdiction over the PROJECT. <br />11 I. Force Maieure: Either Party shall be excused from performing its obligations under this <br />12 Agreement during the time and to the extent that it is prevented from performing by an unforeseeable <br />13 cause beyond its control, including but not limited to; any incidence of fire, flood; acts of God; <br />14 commandeering of material, products, plants or facilities by the federal, state or local government; <br />15 national fuel shortage; or a material act or omission by the other party; when satisfactory evidence of <br />16 such cause is presented to the other Party, and provided further that such nonperformance is <br />17 unforeseeable, beyond the control and is not due to the fault or negligence of the Party not performing. <br />18 J. Assignment: Neither this Agreement, nor any of the Parties rights, obligations, duties, or <br />19 authority hereunder may be assigned in whole or in part by either Party without the prior written consent <br />20 of the other Party in its sole and absolute discretion. Any such attempt of assignment shall be deemed <br />21 void and of no force and effect. Consent to one assignment shall not be deemed consent to any <br />22 subsequent assignment, nor the waiver of any right to consent to such subsequent assignment. <br />23 K. Obligations To Comply with Law: Nothing herein shall be deemed nor construed to <br />24 authorize or require any Party to issue bonds, notes or other evidences of indebtedness under the <br />25 terms, in amounts, or for purposes other than as authorized by local, state or federal law. <br />26 <br />Page 9 of 14 <br />
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