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COOPERATIVE AGREEMENT NO. C -5 -3583 <br />1 "Revenue Service" means the streetcar is operational and providing service to the public as <br />2 intended. <br />3 "Site Plan Review" is the process by which the CITY reviews project development submittals <br />4 and identify the requirements and conditions of approval for a development project. <br />5 "Work Plan" is the CITY's staffing budget for the responsibilities identified in this Agreement <br />6 and as provided for in Exhibit C. <br />7 ARTICLE 2. COMPLETE AGREEMENT <br />8 A. This Agreement, including any attachments incorporated herein and made applicable <br />9 by reference, constitutes the entire term(s) and condition(s) for the subject matter addressed in this <br />10 Agreement between the AUTHORITY and the CITY. This Agreement does not replace or supersede <br />11 the MOU for this Project entered into prior to this Agreement; however, any terms or conditions in <br />12 conflict shall be controlled by this Agreement. The invalidity in whole or in part of any term or condition <br />13 of this Agreement shall not affect the validity of other term(s) or condition(s) of this Agreement. The <br />14 above referenced Recitals are true and correct and are incorporated by reference herein. -- -- <br />15 B. The AUTHORITY's failure to insist on any instance(s) of the CITY's performance of any <br />16 term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of the <br />17 AUTHORITY's right to such performance or to future performance of such term(s) or condition(s), and <br />18 the CITY's obligation in respect thereto shall continue in full force and effect. Changes to any portion <br />19 of this Agreement shall not be binding upon the AUTHORITY except when specifically confirmed in <br />20 writing by an authorized representative of the AUTHORITY by way of a written amendment to this <br />21 Agreement and issued in accordance with the provisions of this Agreement. <br />22 C. The CITY's failure to insist on any instance(s) of the AUTHORITY's performance of any <br />23 term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of the <br />24 CITY's right to such performance or to future performance of such term(s) or condition(s), and the <br />25 AUTHORITY's obligation in respect thereto shall continue in full force and effect. Changes to any <br />26 portion of this Agreement shall not be binding upon the CITY except when specifically confirmed in <br />�'CCPagge 55e of 13 <br />L: \Cam m \C LE RI CAL \W ORDP ROC\AGREE\AG 53583_cq�e�Em 9j4.27.docx <br />