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COOPERATIVE AGREEMENT NO, C-6-1433 <br />EXHIBIT B <br />USE OF CITY RIGHT OF WAY <br />1.0 DErINITIONS <br />All capitalized terms used In this Exhibit B shall have the same meaning ascribed to them in <br />Article I 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 for <br />the construction of the OC Streetcar Project and the operation and maintenance of the OC Streetcar <br />System, and the scope and nature of such use, shall be governed by this Agreement, the Design <br />Agreement, Construction Agreement, Mans 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 City <br />ROW to persons and/or entities not a party to this Agreement which may impact the Authority Use <br />Rights. Nothing contained in this Agreement shall be construed as granting AUTHORITY any rights <br />or claims for damages against the CITY relating in any way to the existence of any such licenses or <br />permits. To the extent that CITY may be required to grant a license, permit, or other rights in City <br />ROW it shall notify AUTHORITY of any planned use which could potentially impact AUTHORITY's <br />operations and cooperate with AUTHORITY to implement terms for such use to eliminate, to the extent <br />practicable, any such impacts. <br />D. The CITY may use the Occupied City ROW for its own purposes, but only to the extent <br />that such use does not materially interfere with Authority Use Rights. To the extent the City uses the <br />Occupied City ROW for its own purposes, it shall notify AUTHORITY of any planned use which could <br />Exhibit B <br />Page I <br />