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COOPERATIVE AGREEMENT NO. C-6.1433 <br />1 which are produced by the AUTHORITY'S Contractor during the construction of the Project, which <br />2 relate to the interests of the CITY under the Construction Agreement, and which are reviewed by the <br />3 CITY according to procedures and standards set forth in the Construction Agreement. <br />4 M. "Revenue Service" means the point at which the OC Streetcar System is operational <br />5 and providing service to the public as intended. <br />6 ARTICLE 22. COMPLETE AGREEMENT <br />7 A. This Agreement (which includes the above Recitals and those attachments <br />8 Incorporated herein by reference), the Design Agreement, Construction Agreement, and Operations <br />9 and Maintenance Agreement executed or intended to be executed by the Parties that are incorporated <br />10 herein by reference, constitute the entire terms and conditions for the subject matter addressed in this <br />11 Agreement between the AUTHORITY and the CITY. The invalidity in whole or in part of any term or <br />12 condition of this Agreement shall not affect the validity of other terms or conditions of this Agreement. <br />13 To the extent there is any conflict as between this Agreement and other agreements entered into by <br />14 the Parties that are referenced herein, this Agreement shall control with respect to the subject matter <br />15 covered herein. <br />16 B. The AUTHORITY's failure to insist on any instances of the CITY's performance of any <br />17 terms or conditions of this Agreement shall not be construed as a waiver or relinquishment of the <br />16 AUTHORITY's right to such performance or to future performance of such terms or conditions, and <br />19 the CITY's obligation in respect thereto shall continue in full force and effect. Changes to any portion <br />20 of this Agreement shall not be binding upon the AUTHORITY except when specifically confirmed in <br />21 writing by an authorized representative of the AUTHORITY by way of a written amendment to this <br />22 Agreement and issued in accordance with the provisions of this Agreement. <br />23 C. The CITY's failure to insist on any instances of the AUTHORITY's performance of any <br />24 terms or conditions of this Agreement shall not be construed as a waiver or relinquishment of the <br />25 CITY's right to such performance or to future performance of such terms or conditions, and the <br />26 AUTHORITY's obligation in respect thereto shall continue in full force and effect. Changes to any <br />Page 4 of 14 <br />L:\Camm\CLERICAL\WORDPROCWGREEtiAGO1433-20161216 OCSC ROW Use Agreement- 5A - F'Ina] - Updaled.doax <br />