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COOPERATIVE AGREEMENT NO. C -5 -3983 <br />1 Party. This option shall only be available if the non - defaulting Party has provided reasonable notice <br />2 to the defaulting Party of any default and the opportunity to cure such default within forty -five (45) <br />3 days. <br />4 C. Termination for Convenience: This Agreement may not be terminated by either Party <br />5 for convenience. <br />6 D. Termination for Lack of Funding: The AUTHORITY may terminate this Agreement in <br />7 the event funding is not available. <br />8 E. Compliance: The AUTHORITY and the CITY shall comply with all applicable federal, <br />9 state, and local laws, statues, ordinances and regulations of any governmental authority having <br />10 jurisdiction over the Project. <br />11 F. Legal Authority: The AUTHORITY and the CITY hereto consent that they are <br />12 authorized to execute this Agreement on behalf of said Parties and that, by so executing this <br />13 Agreement, the Parties hereto are formally bound to the provisions of this Agreement. <br />14 G. Severability: If any term, provision, covenant or condition of this Agreement is held to <br />15 be invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the <br />16 remainder of this Agreement shall not be affected thereby, and each term, provision, covenant or <br />17 condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law. <br />18 H. Counterparts of Agreement: This Agreement may be executed and delivered in any <br />19 number of counterparts, each of which, when executed and delivered shall be deemed an original and <br />20 all of which together shall Constitute the same agreement. Facsimile or emailed PDF documents with <br />21 signatures will be permitted. <br />22 I. Force Maieure: Either Party shall be excused from performing its obligations under this <br />23 Agreement during the time and to the extent that it is prevented from performing by an unforeseeable <br />24 cause beyond its control, including but not limited to: any incidence of fire, flood; acts of God; <br />25 commandeering of material, products, plants or facilities by the federal, state or local government; <br />26 <br />C:\ Users \jfunk\AppData\ Local \Microsoft \Windows \INetCache\ Content .Outlook \BK3MRV9H\AG53583 - 20160210 OCTA SA Design <br />Agreement -Post Flnnl Amendment .doox <br />Page 9 of 13 <br />25F -13 <br />