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COOPERATIVE AGREEMENT NO. C -5 -3583 1 NOW, THEREFORE, it is mutually understood and agreed by the AUTHORITY and the CITY 2 as follows: 3 ARTICLE 1. DEFINITIONS 4 "Betterment" means any work or items that are requested by the CITY or a third party that go 5 beyond what is needed for the basic functioning of the Project. Betterments must i) not be prohibited 6 by a governing state or federal standard li) not adversely impact the operation of the Project and iii) 7 not unreasonably delay or interfere with the Project schedule. Notwithstanding the foregoing, none of 8 the following shall be considered Betterments: 9 (a) A change in scope to which the Parties mutually agree, is necessary for the construction, 10 operation or maintenance of the Project; 11 (b) A requirement of applicable law; 12 (c) A requirement of applicable city standards in effect as of the Effective Date of the 13 Agreement; 14 (d) Any measures to mitigate environmental or other impacts of the Project arising from the 15 construction or operation or maintenance of the Project, including measures identified in 16 the Project's EIR or any required supplemental or addenda environmental report once 17 cleared. 18 "CEQA"means California Environmental Quality Act. 19 "Construction Agreement" means the cooperative agreement between the Parties established 20 to define the roles responsibilities and expectations during the construction, start up and testing of the 21 Project. 22 "Construction Contractor" means the firms(s) procured by the AUTHORITY to construct the 23 Project or portions of the Project. 24 "Day" or "Days" means calendar days and not business days, unless a different meaning 25 clearly appears from the context. 26 C:\ Users \jfunk\AppData\ Local\ Microsoft\ Windows\ INetCache\ Content.Outlook \BK3MRV9H\AC,53563 - 20160210 OCTA SA Design Agreement- Post Final Amendment .doox Page 3 of 13 25F -7