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COOPERATIVE AGREEMENT NO. C-2-1849 <br />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 />ARTICLE 8. ADDITIONAL PROVISIONS <br />PARTIES agree to the following mutual responsibilities: <br />A. Term of Agreement: This Agreement shall continue in full force and effect through <br />PROJECT completion, final acceptance by AUTHORITY, Caltrans' payment of the CITY's final <br />billing, or 42 months from the date of CTC allocation, whichever is earlier. This Agreement may be <br />extended at the mutual consent of all PARTIES. <br />B. Termination: This Agreement is null and void if PROJECT is not funded. AUTHORITY <br />shall cancel PROJECT for which CITY has not awarded a contract twelve months after the date of <br />CTC allocation, or has not advanced the PROJECT to ready to list stage as determined by <br />AUTHORITY. This Agreement may be terminated by either PARTY after giving thirty (30) calendar <br />days written notice. This Agreement shall not be terminated without mutual agreement of all <br />PARTIES. <br />C. This Agreement may be amended in writing at any time by the mutual consent of all <br />PARTIES. No amendment shall have any force or effect unless executed in writing by all PARTIES. <br />D. PARTIES shall comply with all applicable federal, state, and local laws, statutes, <br />ordinances and regulations of any governmental authority having jurisdiction over the PROJECT. <br />E. Legal Authority: PARTIES hereto consent that they are authorized to execute this <br />Agreement on behalf of said PARTIES and that, by so executing this agreement, the PARTIES <br />hereto are formally bound to the provisions of this Agreement. <br />F. Severability: If any term, provision, covenant or condition of this Agreement is held to <br />be invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the <br />remainder of this Agreement shall not be affected thereby, and each term, provision, covenant or <br />condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law. <br />G. Counterparts of Agreement: This Agreement may be executed and delivered in any <br />number of counterparts, each of which, when executed and delivered shall be deemed an original <br />and all of which together shall constitute the same agreement. Facsimile signatures will be <br />Page 9 of 12 <br />L:Camm\CLERICAL\CLERICAL\WO RDPROC\AGR EE\AG21849. doe <br />25G-13