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2007/03/07 Council Agenda Packet
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2007/03/07 Council Agenda Packet
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Council Agenda Packet
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3/7/2007
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7 <br /> 5.2 Termination by Mutual Written Agreement. This Agreement may <br /> be terminated at any time by mutual written agreement of a majority of the then <br /> participating members of the Coalition. Members shall be obligated to pay for Legal <br /> Services incurred to the date of Notice to the provider of Legal Services that its <br /> services are no longer needed and any reasonable additional fees and costs <br /> necessary to conclude its Legal Services. <br /> 5.3 Distribution of Assets upon Termination. It is not anticipated that <br /> any assets will be acquired as a result of participating in this Agreement. If, <br /> however, any assets are acquired with joint funds of the Members of the Coalition, <br /> those assets will be equally divided among the members at the asset's fair market <br /> value upon termination. The value of the assets shall be determined by using <br /> commonly accepted methods of valuation. Additionally, any funds remaining in the <br /> interest-bearing account following conclusion of all Legal Services shall be equally <br /> divided among the members of the Coalition. <br /> 6. Miscellaneous: <br /> 6.1 Amendments. This Agreement may only be amended by mutual <br /> written agreement of the members of the Coalition. <br /> 6.2 Severability. If any section of this Agreement is adjudicated to be <br /> invalid, such action shall not affect the validity of any section not so adjudicated. <br /> 6.3 Interpretation. The legal presumption that an ambiguous term of <br /> this Agreement should be interpreted against the party who prepared the Agreement <br /> shall not apply. <br /> 6.4 Ownership of Property. Any property owned and used by Bellevue <br /> in connection with this Agreement shall remain the property of Bellevue and any <br /> property owned and used by any other participating member of the Coalition shall <br /> remain the property of that member, unless otherwise specifically provided in this <br /> Agreement or its amendment. <br /> 6.5 Notice. All communications regarding this Agreement will be sent <br /> to the parties at the addresses listed on the signature page of the Agreement, unless <br /> notified to the contrary. Any written notice shall become effective upon personal <br /> service or three (3) business days after the date of mailing by registered or certified <br /> mail, and will be deemed sufficiently given if sent to the addressee at the address <br /> stated in this Agreement or any other address if later specified in writing. Except for <br /> the requirement of Notice as provided in this Agreement, nothing herein shall be <br /> construed to prevent the members of the Coalition from communicating among <br /> themselves by email, fax or other electronic means. Any governmental agency not <br /> specifically named herein, that later joins in this Agreement, shall give to all members <br /> of the Coalition then participating under this Agreement written notice of the name <br /> NPDES INTERLOCAL AGREEMENT 6 <br /> Page 4 of 15 <br />
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