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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />AGREEMENT NO. C- X -XXXX <br />management and construction of PROJECT; and <br />WHEREAS, this Cooperative Agreement defines the specific terms and conditions and funding <br />responsibilities between AUTHORITY and CITY for completion of PROJECT; and <br />follows: <br />WHEREAS, CITY's Council approved the Cooperative Agreement on day of <br />2016. <br />NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY as <br />ARTICLE 1. COMPLETE AGREEMENT <br />A. This Cooperative Agreement, including any attachments incorporated herein and made <br />applicable by reference, constitutes the complete and exclusive statement of the term(s) and <br />conditions(s) of this agreement between AUTHORITY and CITY and it supersedes all prior <br />representations, understandings, and communications. The invalidity in whole or in part of any term or <br />condition of this Cooperative Agreement shall not affect the validity of other term(s) or conditions(s) of <br />this Cooperative Agreement. The above referenced Recitals are true and correct and are incorporated <br />by reference herein. <br />B. AUTHOf31TY5' failure to insist on any instance(s) of CITY's performance of any term(s) <br />or condition(s) of this Cooperative Agreement shall not be construed as a waiver or relinquishment of <br />AUTHORITY's right to such performance or to future performance of such term(s) or condition(s), and <br />CITY's obligation in respect thereto shall continue in full force and effect. Changes to any portion of this <br />Cooperative Agreement shall not be binding upon AUTHORITY except when specifically confirmed in <br />writing by an authorized representative of AUTHORITY by way of a written amendment to this <br />Cooperative Agreement and issued in accordance with the provisions of this Cooperative Agreement. <br />C. CITY's failure to insist on any instances) of AUTHORITY's performance of any term(s) <br />or condition(s) of this Cooperative Agreement shall not be construed as a waiver or relinquishment of <br />CITY's right to such performance or to future performance of such term(s) or condition(s), and <br />AUTHORITY's obligation in respect thereto shall continue in full force and effect. Changes to any <br />Page 3 of 11 <br />20B-7 <br />