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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 />COOPERATIVE AGREEMENT NO. C- 6.1433 <br />C. The CITY's failure to insist on any instances of the AUTHORITY's performance of any <br />terms or conditions of this Agreement shall not be construed as a waiver or relinquishment of the <br />CITY's right to such performance or to future performance of such terms or conditions, and the <br />AUTHORITY's obligation in respect thereto shall continue in full force and effect. Changes to any <br />portion of this Agreement shall not be binding upon the CITY except when specifically confirmed in <br />writing by an authorized representative of the CITY by way of a written amendment to this <br />Agreement and issued In accordance with the provisions of this Agreement. <br />ARTICLE 3. SCOPE OF AGREEMENT <br />This Agreement specifies the roles and respora!bilties of the Parties as they pertain to the <br />AUTHORITY's use of City ROW. Both the AUTHORITY and the CITY agree that each will <br />cooperate and coordinate with the other in all activities covered by this Agreement and any other <br />supplemental agreements that may be required to facilitate the purposes thereof. <br />ARTICLE 4. CONSIDERATION <br />In consideration for the Authority Use Rights granted by the CITY to the AUTHORITY <br />hereunder, the AUTHORITY agrees to construct, operate and maintain the OC Streetcar System as <br />set forth in or as to be set forth in the Design Agreement, Construction Agreement, Plans and <br />Specifications, Project Submittals, and Operations and Maintenance Agreement. <br />ARTICLE 6. TERM <br />Beginning on the Effective Date, this Agreement and the Authority Use Rights herein granted <br />shall be operative for a period of 50 years (the "Initial Term "), subject to earlier termination as <br />provided by Article 6, AUTHORITY may, in its discretion, extend this Agreement upon the same <br />terms and conditions existing at the time of such extension for an additional term of up to 20 years <br />( "Extended Term "), To exercise its right to the Extended Term, AUTHORITY shall provide written <br />notice to the CITY no later than 24 months prior to the expiration of the Initial Term. For any period <br />beyond the Extended Term, this Agreement may be extended by mutual consent of the Parties at <br />Page 5 of 13 <br />F: \SG &A \SG &A client Folders \5 • HOR Engineering \05.09.16- OCTA- Program ManagememMork Tasks \l - Agreements \11 - SA Use <br />Agreements- Final \AG61433 - 20161215 OCSC ROW Use Agreement - SA - Final - Updated.docx <br />25F -9 <br />