25F - AGMT - OCTA STREETCAR - Laserfiche WebLink

Home Browse Search

COOPERATIVE AGREEMENT NO. C- 6.1433 1 evidence that such public entity is authorized by law to operate the Streetcar System and has the 2 financial capability, infrastructure and personnel to meet AUTHORITY's obligations under this 3 Agreement. CITY shall approve such assignment within 45 days of such notice from AUTHORITY, 4 unless CITY reasonably determines that the proposed assignee cannot meet the obligations of this 5 Agreement. AUTHORITY shall provide such additional information as is reasonably required by 6 CITY to make its determination, 7 ARTICLE 16, SUBCONTRACTING 8 AUTHORITY may, in its sole discretion, enter into contracts with third parties to perform any g of its obligations under this Agreement, provided that AUTHORITY notifies CITY of such contract 10 prior to entering into a contract with any contractor. AUTHORITY shall include in such contracts the 11 obligation of the contractor to comply with all applicable terms of this Agreement, including without 12 limitation insurance and indemnity requirements. Notwithstanding the foregoing, AUTHORITY shall 13 remain primarily responsible for performance of all obligations and exercise of all rights assigned to 14 AUTHORITY under this Agreement. 15 ARTICLE 16. GOVERNING LAW AND VENUE 16 The laws of the State of California and applicable local and federal laws, regulations and 17 guidelines shall govern this Agreement. The Parties agree that Orange County, California shall be 18 the venue for any action or proceeding that may be brought in connection with this Agreement. 19 ARTICLE 17. DISPUTE RESOLUTION 20 All disputes arising under this Agreement shall be resolved in accordance with the dispute 21 resolution process in this article. The Parties shall diligently cooperate with each other in an effort to 22 resolve any dispute during the dispute resolution process. If a dispute arises under this Agreement, 23 either Party may file a written request with the other Party to invoke the dispute resolution process. 24 Upon receipt of such a request each Party shall designate a staff representative, which 25 representatives shall meet within 14 days of the date of the written request in an effort to resolve the 26 Page 10 of 13 F: \SG &A\SG&A Client Folders\5 - HER Engineering \05.09,15.00TA - Program ManagemenAWork Tasks\1 - Agreements111 - SA Use Agreement%- FinahAG61433- 20161215 OCSC ROW Use Agreement - SA - final - Updated,docx 25F -14