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COOPERATIVE AGREEMENT NO. C- 5.3583 <br />1 writing by an authorized representative of the AUTHORITY by way of a written amendment to this <br />2 Agreement and issued in accordance with the provisions of this Agreement. <br />3 C. The CITY's failure to insist on any instance(s) of the AUTHORITY's performance of any <br />4 term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of the <br />5 CITY's right to such performance or to future performance of such term(s) or condition(s), and the <br />6 AUTHORITY's obligation in respect thereto shall continue in full force and effect. Changes to any <br />7 portion of this Agreement shall not be binding upon the CITY except when specifically confirmed in <br />8 writing by an authorized representative of the CITY by way of a written amendment to this Agreement <br />9 and issued in accordance with the provisions of this Agreement. <br />10 ARTICLE 3. SCOPE OF AGREEMENT <br />11 This Agreement specifies the roles and responsibilities of the Parties as they pertain to the <br />12 design phase of the Project and subjects addressed herein. Both the AUTHORITY and the CITY <br />13 agree that each will cooperate and coordinate with the other in all activities covered by this Agreement <br />14 and any other supplemental agreements that may be required to facilitate purposes thereof. <br />15 ARTICLE 4. RESPONSIBILITIES OF THE AUTHORITY <br />16 The AUTHORITY agrees to the responsibilities for the Project assigned herein to the <br />17 AUTHORITY pursuant to Exhibit B Project Scope and Exhibit C Financial Obligations attached hereto <br />18 and made part of this Agreement. <br />19 ARTICLE 5. RESPONSIBILITIES OF THE CITY <br />20 The CITY agrees to the responsibilities for the Project assigned herein to the CITY pursuant <br />21 to Exhibit B Project Scope and Exhibit C Financial Obligations attached hereto and made part of this <br />22 Agreement. <br />23 ARTICLE 6. DELEGATED AUTHORITY <br />24 The actions required to be taken by the CITY in the implementation of this Agreement are <br />25 delegated to its City Manager, or designee, and the actions required to be taken by the AUTHORITY <br />26 <br />C:\ Users \jfunk\AppData\ Local \Microsoft \Windows \INetCache\ Content. Outlook \BK3MRV9H\AG53583 - 20160210 OCTA SA Design <br />Agreement - Post Final Amendment .docx <br />Page 6 of 13 <br />25F -10 <br />