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COOPERATIVE AGREEMENT NO. C -6 -1433 <br />EXHIBIT B <br />USE OF CITY RIGHT OF WAY <br />1.0 DEFINITIONS <br />All capitalized terms used in this Exhibit B shall have the same meaning ascribed to them in <br />Article 1 of the Agreement. <br />2.0 USE OF CITY ROW <br />A. CITY hereby grants to AUTHORITY a non - exclusive use of the City ROW, necessary <br />to accommodate the construction of the OC Streetcar Project and the operation and maintenance of <br />the OC Streetcar System. Authority Use Rights shall be limited to the terms, conditions, limitations <br />and restrictions contained in this Agreement. <br />B. The location and extent of the City ROW which may be utilized by the AUTHORITY <br />for the construction of the OC Streetcar Project and the operation and maintenance of the OC <br />Streetcar System, and the scope and nature of such use, shall be governed by this Agreement, the <br />Design Agreement, Construction Agreement, Plans and Specifications, Operations and Maintenance <br />Agreement and in accordance with the Project Submittals. <br />C. The CITY has previously granted licenses or permits affecting all or portions of the <br />City ROW to persons and /or entities not a party to this Agreement which may impact the Authority <br />Use Rights. Nothing contained in this Agreement shall be construed as granting AUTHORITY any <br />rights or claims for damages against the CITY relating in any way to the existence of any such <br />licenses or permits. To the extent that CITY may be required to grant a license, permit, or other <br />rights in City ROW it shall notify AUTHORITY of any planned use which could potentially impact <br />AUTHORITY's operations and cooperate with AUTHORITY to implement terms for such use to <br />eliminate, to the extent practicable, any such impacts. <br />D. The CITY may use the Occupied City ROW for its own purposes, but only to the <br />extent that such use does not materially interfere with Authority Use Rights. To the extent the City <br />uses the Occupied City ROW for its own purposes, it shall notify AUTHORITY of any planned use <br />Exhibit B <br />Page 1 <br />25F -26 <br />