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<br /> <br /> <br /> <br /> COOPERATIVE AGREEMENT C-1-3022 <br /> <br /> <br /> <br /> 1 WHEREAS, the CITY of Fountain Valley's City Council approved this Agreement on the <br /> <br /> 2 day of , 20 <br /> 3 WHEREAS, the CITY of Huntington Beach's City Council approved this Agreement on the <br /> <br /> 4 day of 20 <br /> <br /> ,5 WHEREAS, the CITY of Santa Ana's City Council approved this Agreement on the <br /> 6 day of 20 <br /> <br /> 7 WHEREAS, the State of California Department of Transportation's Deputy District Director of <br /> <br /> 8 Operations approved this Agreement on the day of , 20 <br /> 9 NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and the <br /> <br /> 10 PARTICIPATING AGENCIES as follows: <br /> <br /> 11 ARTICLE 1. COMPLETE AGREEMENT <br /> 12 A. This Agreement constitutes the complete and exclusive statement of the terms and <br /> <br /> 13 conditions of the Agreement between AUTHORITY and the PARTICIPATING AGENCIES concerning <br /> <br /> 14 the PROJECT roles and responsibilities and required PROJECT match and supersedes all prior <br /> 15 representations, understandings and communications between the parties. The above-referenced <br /> <br /> 16 Recitals are true and correct and are incorporated by reference herein. <br /> <br /> 17 B. AUTHORITY's failure to insist on any instance(s) of PARTICIPATING AGENCIES's <br /> 18 performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver or <br /> <br /> 19 relinquishment of AUTHORITY's right to such performance or to future performance of such term(s) or <br /> <br /> 20 condition(s), and AGENCY's obligation in respect thereto shall continue in full force and effect. Changes <br /> 21 to any portion of this Agreement shall not be binding upon AUTHORITY except when specifically <br /> <br /> 22 confirmed in writing by an authorized representative of AUTHORITY by way of a written amendment to <br /> <br /> 23 this Agreement and issued in accordance with the provisions of this Agreement. <br /> 24 C. PARTICIPATING AGENCIES's failure to insist on any instance(s) of AUTHORITY's <br /> <br /> 25 performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver or <br /> <br /> 26 relinquishment of PARTICIPATING AGENCY's right to such performance or to future performance of <br /> <br /> Page 3 of 14 <br /> <br /> 25B-5 <br />