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COOPERATIVE AGREEMENT NO, C- 5.3583 EXHIBIT B litigation if necessary. Compensation for right of way acquisition support is addressed in Exhibit C, Section 4.2. 9.0 COORDINATION OF ADJACENT PROJECTS The CITY agrees to keep the AUTHORITY informed on all design and construction projects that may directly impact this Project and that are submitted to the CITY for approval. This includes, but Is not limited to, utility projects, communication projects, development projects, and other improvement projects. To the extent permitted by law and except for renewals or extensions of existing licenses or permits, and renewals or extensions of existing use rights, the CITY shall not issue new licenses, permits, or use rights within the City's public right of way that materially interfere with the AUTHORITY's construction of the Project. 10.0 PERMITS AND COORDINATION 10.1 USE OF RIGHT OF WAY The CITY agrees to grant to the AUTHORITY certain non- exclusive rights to use the CITY right of way for streetcar purposes, including the right to construct, operate, and maintain tracks, stations, OC Streetcar elements, and other improvements necessary for the OC Streetcar on that portion of the Project alignment constituting the CITY's public way or right of way. The AUTHORITY's use of the CITY's public way or right of way shall be at no charge and upon such terms and conditions as set forth in a Public Way Use Agreement. 10.2 PERMITS By executing this Agreement, the CITY agrees to use its best efforts to facilitate all necessary authority, permission, and permits to enable the AUTHORITY to construct the Project as set forth herein. The CITY and the AUTHORITY acknowledge that the intent of this Agreement is to incorporate the majority of the CITY's requirements with respect to the permit the AUTHORITY must obtain to construct the Project. However, before the AUTHORITY begins construction, the AUTHORITY shall apply for and the CITY agrees to not unreasonably withhold such permit(s). Exhibit B Page 17 25F -35