25Q - AGMT STREETCAR RIGHT OF WAY COOP

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COOPERATIVE AGREEMENT NO. C-6.1433 1 which are produced by the AUTHORITY's Contractor during the construction of the Project, which 2 relate to the interests of the CITY under the Construction Agreement, and which are reviewed by the 3 CITY according to procedures and standards set forth in the Construction Agreement. 4 M. "Revenue Service" means the point at which the OC Streetcar System is operational 5 and providing service to the public as intended. 6 ARTICLE 2. COMPLETE AGREEMENT 7 A. This Agreement (which includes the above Recitals and those attachments 8 incorporated herein by reference), the Design Agreement, Construction Agreement, and Operations 9 and Maintenance Agreement executed or intended to be executed by the Parties that are incorporated 10 herein by reference, constitute the entire terms and conditions for the subject matter addressed in this 11 Agreement between the AUTHORITY and the CITY. The invalidity in whole or in part of any term or 12 condition of this Agreement shall not affect the validity of other terms or conditions of this Agreement. 13 To the extent there is any conflict as between this Agreement and other agreements entered into by 14 the Parties that are referenced herein, this Agreement shall control with respect to the subject matter 15 covered herein. 16 B. The AUTHORITY's failure to insist on any instances of the CITY's performance of any 17 terms or conditions of this Agreement shall not be construed as a waiver or relinquishment of the 18 AUTHORITY's right to such performance or to future performance of such terms or conditions, and 19 the CITY's obligation in respect thereto shall continue in full force and effect. Changes to any portion 20 of this Agreement shall not be binding upon the AUTHORITY except when specifically confirmed in 21 writing by an authorized representative of the AUTHORITY by way of a written amendment to this 22 Agreement and issued in accordance with the provisions of this Agreement. 23 C. The CITY's failure to insist on any instances of the AUTHORITY's performance of any 24 terms or conditions of this Agreement shall not be construed as a waiver or relinquishment of the 25 CITY's right to such performance or to future performance of such terms or conditions, and the 26 AUTHORITY's obligation in respect thereto shall continue in full force and effect. Changes to any Page 4 of 14 L:1Camm1CLERICALIWOROPROCIAGREE\Izsa g15 OCSC ROW Use Agreement - SA - Final - Updated.docz