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COOPERATIVE AGREEMENT NO. C-2-1905 <br />I of a written amendment to this Cooperative Agreement and issued in accordance with the provisions <br />2 of this Cooperative Agreement. <br />3 C. CITY's failure to insist on any instance(s) of AUTHORITY's performance of any <br />4 term(s) or condition(s) of this Cooperative Agreement shall not be construed as a waiver or <br />s relinquishment of CITY's right to such performance or to future performance of such term(s) or <br />6 condition(s), and AUTHORITY's obligation in respect thereto shall continue in full force and effect. <br />7 Changes to any portion of this Cooperative Agreement shall not be binding upon CITY except when <br />s specifically confirmed in writing by an authorized representative of CITY by way of a written <br />9 amendment to this Cooperative Agreement and issued in accordance with the provisions of this <br />10 Cooperative Agreement. <br />ii ARTICLE 2. SCOPE OF AGREEMENT <br />12 This Cooperative Agreement specifies the terms and conditions, roles and responsibilities of <br />13 PARTIES as they pertain to the subjects and projects addressed herein. Both AUTHORITY and <br />14 CITY agree that each will cooperate and coordinate with the other in all activities covered by this <br />is Cooperative Agreement and any other supplemental agreements that may be required to facilitate <br />16 purposes thereof. <br />17 ARTICLE 3. RESPONSIBILITIES OF AUTHORITY <br />is AUTHORITY agrees to the following responsibilities for PROJECT: <br />iv A. AUTHORITY shall formally request on behalf of CITY that the Southern California <br />20 Association of Governments (hereinafter referred to as "SCAG") amend the FTIP to program up to <br />21 the amount in accordance with the funding plan outlined in Exhibit A, whereby AUTHORITY's <br />22 performance under this Cooperative Agreement is contingent upon SCAG, Caltrans and FHWA <br />23 approval. <br />24 B. AUTHORITY shall provide assistance to CITY in securing the CMAQ funds. <br />25 C. AUTHORITY shall not be obligated to program any amount beyond what has been <br />26 identified in this Agreement and what is ultimately approved for the project by Caltrans and FHWA. <br />Page 4 of 11 <br />