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2013/12/31 Council Agenda Packet
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2013/12/31 Council Agenda Packet
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Council Agenda Packet
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12/31/2013
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4 <br /> 15. TER1VI NATION <br /> Either party may terminate this Agreement for any reason by providing written notice <br /> to the other party sixty(60) days prior to the effective date of termination. <br /> 16. DEFAULT AND REMEDIES <br /> 16.1 Default <br /> If any party to this Agreement fails to perform any act or obligation required to be <br /> performed by it hereunder,the party or parties to whom such performance was due <br /> shall deliver written notice of such failure to the non-performing party. The non- <br /> performing party shall have thirty(30) days after its receipt of such notice in which to <br /> correct its failure to perform the act or obligation at issue, after which time it shall be <br /> in default("Default")under this Agreement;provided, however,that if the non- <br /> performance is of a type that could not reasonably be cured within said thirty(30) day <br /> period,then the non-performing party shall not be in Default if it commences cure <br /> within said thirty(30) day period and thereafter diligently pursues cure to completion. <br /> 16.2 Remedies; Attorneys' Fees <br /> In the event of a party's Default under this Agreement,then after giving notice and an <br /> opportunity to cure pursuant to Section 16.1 above,the party or parties to whom the <br /> performance was due shall have the right to exercise any or all rights and remedies <br /> available to it at law or in equity. In any action between any of the parties hereto <br /> seeking the enforcement of any of the terms or provisions of this Agreement,the <br /> prevailing party or parties in such action shall be awarded, in addition to damages, <br /> injunctive or other relief, their reasonable costs and expenses, including,without <br /> limitation,reasonable attorneys' fees. <br /> 17. RECORDS <br /> All records possessed related to the performance of this Agreement shall be available <br /> for full inspection and copying by any participating jurisdiction. Records maintenance and <br /> retention shall be in accordance with the Standard Operating Procedures. <br /> 18. NOTICES <br /> Each notice, demand, request, consent,approval,disapproval, designation or other <br /> communication that is permitted or required to be given by one party to another party under <br /> this Agreement shall be in writing and shall be given or made or communicated by(i)United <br /> States registered or certified mail,postage prepaid,return receipt requested, (ii) any <br /> nationally recognized overnight carrier or express mail service(such as FedEx or DHL)that <br /> provides receipts to indicate delivery, (iii)by personal delivery, or(iv)by facsimile (with <br /> 7 <br /> INTERLOCAL AGREEMENT FOR SPECIAL <br /> WEAPONS AND TACTICS iEAM COOPERATION <br /> IN LAW ENFORCEMENT ACTIVITIES <br /> 16 <br />
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