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1998-136
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1998-136
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Last modified
3/3/2016 9:44:56 PM
Creation date
1/11/2016 1:43:22 PM
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Resolutions
Resolution Number
1998-136
Approved Date
12/08/1998
Resolution Type
Authorizes Intergovernmental Coordination and Review
PUblic Transportation Coordination Joint Participation Agreement
Entity Name
Department of Transportation
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POMM SM4" <br /> eoc•hs" <br /> h\/hd• <br /> A puny may unilaterally change its address or addressee by giving notice in wrifiM.10 The other parties as provided <br /> In this section. Thersaft,notice,demands and other pertinent correspoodeooe shat be addressed and <br /> transmitted to die new address. <br /> Section 6.06. 1a=poetadeo. <br /> (a) Ali pude hereto were each upoewasid by,or afforded the <br /> opportunity for represenuation by legal counsel,and participated in the drafting of this Agreement and in the choice <br /> of wording. Consequently,no provision hereof sbould be more strongly construed spinst any party as drafter of <br /> dao Agreement. <br /> (b) SatGt m tMix. Invalidation of any one of the provisions of this AV=m=or any part,clause <br /> or word hereof,or die application thereof in specific circumstances,by judgement, casrt order,at administrative <br /> hearing or order shall no affect any other provisions or applications in other circumsmices,all of which shall <br /> remain in tail force and effect;provided,that such remainder would thea condom to conform to the lernos and <br /> requirements of applicable law. <br /> (c) . In Interpreting this Agreement,the following rules of construction scull <br /> apply unless the context indicates otherwise: <br /> (1) The singular of any word or term includes the plural; <br /> (2) The masculine gender includes the feminine gender;and <br /> (3) The word'shall'is mandatory,and•may"is permissive. <br /> Section 6.06. Enforcemmmbylordigherem. In the event of any judicial or administrative action so <br /> enbu or Interpret this Agreement by any parry hereto,each parry shall bear its own an rney's fees in connection <br /> with such proceeding. <br /> Section 6.07. ,�,� M a +Minn.TIM of m. rhis Agreement,and any <br /> amendments hereto,may be simultarheahsly executed in several counterparts,each of which so executed shall be <br /> deemed In be an original,and such counterparts together shall constitute one and the ane instrument. <br /> Section 6.06. Effeedve,dsto. This Agreement WWI become effective upon its execution by all parties <br /> hereto. <br /> Section 6.09. . In due event that any election,refu+eadum, <br /> approval,permit,notice,or other proceeding or authorisation is required under spp UmW law to cubic due patios <br /> 10 ender into this Agreement or to undertake the provisions set forth hereunder,or to obarve,assume or can out <br /> any of die provisions of the Agreement,said partes will inidate and consummate,as provided by law,all actions <br /> neoesary with respect to any such matters for required. <br /> Section 6.10. Pude.Nnt QhttQated m Ttht_rc_t%rdm. No parry bereto shall be oblIpjcd or liable <br /> hereunder to Bury party not a signstory to this Agreement. There are no express or inbnded third party <br /> benefidades to dds Agreement. <br /> Secdoo 6.11. ■red 2n,�tti Not w hued, In no event shall due making by the Depuunent <br /> Of any payment to the MPO OOnstitub or be construed u a waiver by the Department of any bread of covenna or <br /> any dellsWt which nary thea exist on the parr of the MPO,and the making of any such payment by due Departmea <br /> While any such beach or dd Wt exons shall in no way impair or prejudice say right or remedy available so the <br /> Department!n rasped of such breach or default. <br />
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