25D - AGMT - MOU - 17TH ST GRADE SEPARATION

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MEMORANDUM OF UNDERSTANDING NO. C -4 -1772 I its City Manager, or his /her designee, and the actions required to be taken by AUTHORITY in the 2 implementation for this MOU are delegated to its Chief Executive Officer, or his designee. 3 ARTICLE 7. ADDITIONAL PROVISIONS 4 The AUTHORITY and CITY agree to the following mutual responsibilities for PROJECT: 5 A. Term of A reement — All work under this MOU shall be completed no later than November 6 30, 2018, unless terminated earlier, or extended, by mutual written consent by both Parties. 7 B. This MOU may only be modified or amended In writing. All modifications, amendments, 8 changes and revisions of this MOU in whole or part, and from time to time, shall be binding upon the 9 parties, so long as the same shall be in writing and executed by AUTHORITY and CITY. Is C. This MOU shall be governed by and construed with the federal, state and local laws. 11 AUTHORITY and CITY warrant that in the performance of this MOU., it shall comply with all applicable 12 federal, state and local laws, statutes and ordinances and all lawful orders, rules and regulations 13 promulgated thereunder.. 14 D. Either party shall be excused from performing its obligations under this Agreement during is the time and to the extent that it is prevented from performing by an unforeseeable cause beyond its 16 control, including but not limited tot any incidence of fire, flood; acts of God; commandeering of material, 17 products, plants or facilities by federal, state or local government; national fuel shortage; or a material Is act or omission by any party; when satisfactory evidence of such cause is presented to that other party, 19 and provided further such nonperformance is unforeseeable, beyond the control and is not due to the ZU fault or negligence of the party not performing. 21 2a, 23 i 24 / 25 26 I Page 3 of 5 2501-5