ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) (C-6-1427)

Home Browse Search

COOPERATIVE AGREEMENT NO. C-6-1427 1 owned by CITY, or from any violation of any federal, state, or local law or ordinance, alleged to be caused 2 by the negligent acts, omissions or willful misconduct of AUTHORITY, its officers, directors, employees 3 or agents in connection with or arising out of the performance of this Cooperative Agreement. 4 C. The indemnification and defense obligations of this Cooperative Agreement shall survive 5 its expiration or termination. 6 ARTICLE 8. ADDITIONAL PROVISIONS 7 A. Term of Agreement: This Cooperative Agreement shall continue in full force and effect 8 through December 31, 2021 or until final acceptance by AUTHORITY, whichever is later. 9 B. Termination for Convenience: Either PARTY may terminate this Cooperative Agreement 10 by providing thirty (30) days written notice of its intent to terminate for convenience to the other PARTY. 11 C. Termination: In the event either PARTY defaults in the performance of their obligations 12 under this Cooperative Agreement or breaches any of the provisions of this Cooperative Agreement, the 13 non -defaulting PARTY shall have the option to terminate this Cooperative Agreement upon thirty (30) 14 days' prior written notice to the other PARTY. 15 D. Amendments: This Cooperative Agreement may be amended in writing at any time by the 16 mutual consent of both PARTIES. No amendment shall have any force or effect unless executed in writing 17 by both PARTIES. 18 E. AUTHORITY and CITY shall comply with all applicable federal, state, and local laws, 19 statues, ordinances and regulations of any governmental authority having jurisdiction over the PROJECT. 20 F. Legal Authority: AUTHORITY and CITY hereto consent that they are authorized to 21 execute this Cooperative Agreement on behalf of said PARTIES and that, by so executing this 22 agreement, the PARTIES hereto are formally bound to the provisions of this Cooperative Agreement. 23 G. Severability: If any term, provision, covenant or condition of this Cooperative Agreement 24 is held to be invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, 25 the remainder of this Cooperative Agreement shall not be affected thereby, and each term, provision, 26 covenant or condition of this Cooperative Agreement shall be valid and enforceable to the fullest extent Page 8 of 11