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COOPERATIVE AGREEMENT NO, C-6-1433 <br />1 any time prior to the expiration of the Extended Term, to the extent permitted by law. <br />2 ARTICLE 6. TERMINATION <br />3 A. This Agreement may not be terminated by either Party for convenience. <br />4 B. This Agreement, and the Authority Use Rights granted hereby, shall be subject to <br />5 termination at the option of the CITY and by written notice delivered to the AUTHORITY upon the <br />6 occurrence of any of the following events: <br />7 (i) The AUTHORITY shall fail to advance the Streetcar Project to begin Revenue <br />8 Service no later than December 31, 2025, provided any such discontinuation is not caused <br />9 by Force Majeure as described in Article 13, or <br />10 (ii) The AUTHORITY shall intentionally abandon the Occupied City ROW, or <br />11 expressly disavow the Authority Use Rights, or <br />12 (iii) The AUTHORITY shall discontinue regular OC Streetcar System operations for a <br />13 consecutive period of one year consistent with the Operations and Maintenance Agreement <br />14 and requirements of the Federal Transit Administration, provided any such discontinuance is <br />15 not caused by Force Majeure as described in Article 13 or for other reasons outside <br />16 AUTHORITY's reasonable control. <br />17 C. AUTHORITY may terminate this Agreement if the AUTHORITY determines, upon <br />18 reasonable notice to and concurrence by the CITY, that the OC Streetcar System is not a viable <br />19 mode of transportation either due to lack of passengers, lack of revenue, lack of funding, other <br />20 modes of transportation that are developed making the OC Streetcar System relatively inefficient, or <br />21 other similar reasons. <br />22 ARTICLE 7. DEFAULT <br />23 Either Party may be deemed in default under this Agreement by the other Party upon the <br />24 failure of such Party to observe or perform any material covenant, condition or agreement on its part <br />25 to be observed or performed hereunder, and the continuance of such default for a period of ninety <br />26 Page 6 of 13 <br />F:1SG&A\3G&A Client Foldorsl5 - HDR Engineering\05,09,15.00TA - Program Management\work Tasksll - Agreements\11 - SA Use <br />Agreements- FinaIWG61433-20161215 OCSC ROW Use Agreement - SA - Final - Updated.docx <br />25F-10 <br />