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COOPERATIVE AGREEMENT NO. C -6 -1516 <br />1 defaulting Party shall have the option to terminate this Agreement upon thirty (30) days prior written <br />2 notice to the other Party. However, prior to any such termination, the non - defaulting Party shall have <br />3 provided the defaulting Party written notice of the alleged default or breach, specifying the nature of <br />4 the default and the cure. In the absence of a default that poses an immediate health and safety risk, <br />5 the notice shall provide at least fifteen (15) days to cure such default or if the default cannot be cured <br />6 in such time, a reasonable amount of time to cure the default, but in no event longer than forty -five <br />7 (45) days unless the Parties agree otherwise. <br />8 C. Termination for Convenience: This Agreement may not be terminated by either Party <br />9 except as specifically provided in this Agreement. <br />10 D. Termination for Lack of Funding: The AUTHORITY may, in its absolute discretion, <br />11 terminate this Agreement in the event sufficient funding is not available to construct the Project. <br />12 E. Compliance: The AUTHORITY and the CITY shall comply with all controlling federal, <br />13 state, and local laws, statues, ordinances and regulations of any governmental authority having <br />14 jurisdiction over the Project. <br />15 F. Legal Authority: The AUTHORITY and the CITY represent that the persons executing <br />16 this Agreement are authorized to execute this Agreement on behalf of their respective Parties and <br />17 that, by so executing this Agreement each Party shall be formally bound to the provisions of this <br />18 Agreement. <br />19 G. Severability: If any term, provision, covenant or condition of this Agreement is held to <br />20 be invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the <br />21 remainder of this Agreement shall not be affected thereby, and each term, provision, covenant or <br />22 condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law. <br />23 H. Counterparts of Agreement: This Agreement may be executed and delivered in any <br />24 number of counterparts, each of which, when executed and delivered shall be deemed an original and <br />25 all of which together shall constitute the same agreement. Facsimile or emailed PDF documents with <br />26 signatures will be permitted. <br />Page 10 of 15 <br />I: \cammlclerical\wordproc\agree\ag61 61 6.docx <br />25F -14 <br />