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COOPERATIVE AGREEMENT NO. C-7-1859 <br />i WHEREAS, On August 8, 2016, AUTHORITY's BOARD approved this Cooperative <br />2 Agreement; and <br />3 WHEREAS, On TL>n 'T", 2016, CITY's City Council approved this Cooperative <br />a Agreement; <br />5 NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY as <br />6 follows: <br />7 ARTICLE 1. COMPLETE AGREEMENT <br />s A. This Cooperative Agreement, including any attachments incorporated herein and made <br />9 applicable by reference, constitutes the complete and exclusive statement of the term(s) and <br />t0 condition(s) of this Cooperative Agreement between AUTHORITY and CITY and it supersedes all prior <br />7.t representations, understandings, and communications. The invalidity in whole or in part of any term <br />12 or condition of this Cooperative Agreement shall not affect the validity of other term(s) or condition(s) <br />13 of this Cooperative Agreement. The above referenced Recitals are true and correct and are <br />W incorporated by reference herein. <br />1.5 B. AUTHORITY's failure to insist on any instance(s) of CITY's performance of any term(s) <br />t6 or condition(s) of this Cooperative Agreement shall not be construed as a waiver or relinquishment of <br />V AUTHORITY's right to such performance or to future performance of such term(s) or condition(s), and <br />to CITY's obligation in respect thereto shall continue in full force and effect. Changes to any portion of <br />19 this Cooperative Agreement shall not be binding upon AUTHORITY except when specifically <br />20 confirmed in writing by an authorized representative of AUTHORITY by way of a written amendment <br />21 to this Cooperative Agreement and issued in accordance with the provisions of this Cooperative <br />22 Agreement. <br />23 C. CITY's failure to insist on any instance(s) of AUTHORITY's performance of any term(s) <br />24 or condition(s) of this Cooperative Agreement shall not be construed as a waiver or relinquishment of <br />25 CITY's right to such performance or to future performance of such term(s) or condition(s), and <br />26 AUTHORITY's obligation in respect thereto shall continue in full force and effect. Changes to any <br />Page 3 of 11 <br />L:iCanim\CLERICALWORDPROCIAGREE\AG71859. docx <br />