25F - AGMT - OCTA STREETCAR - Laserfiche WebLink

Home Browse Search

COOPERATIVE AGREEMENT NO. C- 6.1433 1 (90) days from the date the failing Party has received written notice from the other Party. Such 2 notice shall specify the default and request that it be remedied within 90 days or such other longer 3 time as may be set forth in the notice. The Party giving such notice may agree in writing to an 4 extension of such time period. If the failure identified in such notice cannot be corrected within the 5 applicable period, it shall not give rise to a default hereunder if appropriate remedial action is 6 promptly instituted within the applicable period and diligently pursued until such default is corrected. 7 In the event of a default hereunder that is not remedied by the defaulting party in accordance with 8 this provision, the non - defaulting Party shall have a breach of contract claim and remedy against the 9 other in addition to any other remedy provided or permitted by law, provided that no remedy which 10 would have the effect of amending any provisions of this Agreement shall become effective without 11 the formal amendment of this Agreement. 12 ARTICLE 8. COMPLIANCE 13 To the extent required, the AUTHORITY and the CITY shall comply with all applicable 14 federal, state, and local laws, statues, ordinances and regulations of any governmental authority 15 having jurisdiction over the Project. 16 ARTICLE 9. INDEMNIFICATION 17 A. To the fullest extent permitted by law, the CITY shall defend (at the CITY's sole cost 18 and expense with legal Counsel reasonably acceptable to the AUTHORITY), indemnify, protect, and 19 hold harmless the AUTHORITY, its officers, directors, employees, and agents from and against any 20 and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, 21 settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney 22 fees, including but not limited to claims arising from injuries to or death of persons (the CITY's 23 employees included), for damage to property, including property owned by the AUTHORITY, or from 24 any violation of any federal, state, or local law or ordinance, alleged to be caused by the negligent 25 acts, omissions or willful misconduct of the CITY, its officers, directors, employees or agents in 26 Page 7 of 13 F\SG &NSG &A Client Folders\5- HDR Engineering105.09.15 - OCTA. Program ManagementMork Tasks \1 - Agreements \11 - SA Use Agreementl5- FlnaltAG61433- 20161215 OCSC ROW Use Agreement - SA - Final - Updated.docx 25F -11