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AGREEMENT NO. C-2-1640 <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 />WHEREAS, on June 22, 2009, July 12, 2010, January 24, 2011 and September 12, 2011, <br />and with pending future Board action related to the annual FTA, Section 5307 Program of Projects, <br />the AUTHORITY's Board of Directors has authorized the AUTHORITY's Chief Executive Officer to <br />file and execute grant related agreements needed to secure and make available the FTA, Section <br />5307 grant program; and <br />WHEREAS, the CITY's Council approved the Cooperative Agreement on day of <br />2012. <br />NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY as <br />follows: <br />ARTICLE 1. COMPLETE AGREEMENT <br />A. This Agreement, including any attachments incorporated herein and made applicable <br />by reference, constitutes the complete and exclusive statement of the term(s) and conditions(s) of <br />this agreement between AUTHORITY and CITY and it supersedes all prior representations, <br />understandings, and communications. The invalidity in whole or in part of any term or condition of <br />this Agreement shall not affect the validity of other term(s) or conditions(s) of this Agreement. The <br />above referenced Recitals are true and correct and are incorporated by reference herein. <br />B. AUTHORITY'S failure to insist on any instance(s) of CITY's performance of any <br />term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of <br />AUTHORITY's right to such performance or to future performance of such term(s) or condition(s), <br />and CITY's obligation in respect thereto shall continue in full force and effect. Changes to any <br />portion of this Agreement shall not be binding upon AUTHORITY except when specifically confirmed <br />in writing by an authorized representative of AUTHORITY by way of a written amendment to this <br />Agreement and issued in accordance with the provisions of this Agreement. <br />C. CITY's failure to insist on any instance(s) of AUTHORITY's performance of any <br />term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of <br />CITY's right to such performance or to future performance of such term(s) or condition(s), and <br />Page 3 of 12 <br />L: Camm\CLER ICAL\CLERICAL\WORDPROCW,GR EE\AG21640. doc <br />25B-5