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COOPERATIVE AGREEMENT NO. C-6-1433 <br />1 B, This Agreement, and the Authority Use Rights granted hereby, shall be subject to <br />2 termination at the option of the CITY and by written notice delivered to the AUTHORITY upon the <br />3 occurrence of any of the following events: <br />4 (1) The AUTHORITY shall fail to advance the Streetcar Project to begin Revenue <br />5 Service no later than December 31, 2025, provided any such discontinuation Is not caused by <br />6 Force Majeure as described in Article 13, or <br />7 (ii) The AUTHORITY shall intentionally abandon the Occupied City ROW, or expressly <br />8 disavow the Authority Use Rights, or <br />9 (iii) The AUTHORITY shall discontinue regular OC Streetcar System operations for a <br />10 consecutive period of one year consistent with the Operations and Maintenance Agreement <br />11 and requirements of the f=ederal Transit Administration, provided any such discontinuance is <br />12 not caused by Force Majeure as described in Article 13 or for other reasons outside <br />13 AUTHORITY's reasonable control, <br />14 C. AUTHORITY may terminate this Agreement if the AUTHORITY determines, upon <br />15 reasonable notice to and concurrence by the CITY, that the OC Streetcar System is not a viable mode <br />16 of transportation either due to lack of passengers, lack of revenue, lack of funding, other modes of <br />17 transportation that are developed making the OC Streetcar System relatively Inefficient, or other <br />18 similar reasons. <br />19 ARTICLE 7. DEFAULT <br />20 Either Party may be deemed in default under this Agreement by the other Party upon the failure <br />21 of such Party to observe or perform any material covenant, condition or agreement on its part to be <br />22 observed or performed hereunder, and the continuance of such default for a period of ninety (90) days <br />23 from the date the failing Party has received written notice from the other Party. Such notice shall <br />24 specify the default and request that it be remedied within go days or such other longer time as may <br />25 be set forth in the notice. The Party giving such notice may agree in writing to an extension of such <br />28 time period. If the failure identified in such notice cannot be corrected within the applicable period, it <br />Page 6of14 <br />L:1Camm1CLERICALIWOROPROCIAGREEIAG614$3-2Oi61216 OCSC ROW Use Agreement - SA- Final - Updated.doex <br />