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2011/04/20 Council Agenda Packet
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2011/04/20 Council Agenda Packet
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Council Agenda Packet
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4/20/2011
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19 <br /> signed by an authorized representative of each of the Parties. The Director of Regional <br /> Express or his/her designee, and the Mayor of Everett or his/her designee may execute <br /> amendments and revisions to the Agreement and its Exhibits of an administrative or <br /> management nature as allowed by this Agreement. <br /> 14.10 Entire Agreement <br /> This Agreement, including its recitals and exhibits, embodies the Parties' entire Agreement on <br /> the matters covered by it, except as supplemented by amendments to this Agreement. <br /> 15.0 TERMINATION OF AGREEMENT <br /> 15.1 Termination for Default <br /> Either Party may terminate this Agreement, in whole or in part, in writing, if the other party <br /> substantially fails to fulfill any or all of its obligations under this Agreement through no fault of <br /> the other party, provided that insofar as practicable, the Party terminating the Agreement shall <br /> give: <br /> a. Written notice or intent to terminate at least thirty(30) calendar days prior to the date of <br /> termination stating the manner in which the other Party has failed to perform the obligations <br /> under this Agreement; and <br /> b. An opportunity for the other Party to cure the default within at least thirty (30) calendar days <br /> of notice of the intent to terminate. In such case, the Notice of Termination shall state the <br /> time period in which cure is permitted and any other appropriate conditions. <br /> If the other Party fails to remedy the default or the breach to the satisfaction of the other Party <br /> within the time period established in the Notice of Termination or any extension thereof, granted <br /> by the Party not at fault, this Agreement shall be deemed terminated. <br /> • <br /> 15.2 Termination for Convenience <br /> Either Party may terminate this Agreement, in whole or in part, in writing for its convenience <br /> provided that the other party shall be given: <br /> Written notice of intent to terminate no less than ninety(90) calendar days prior to a service <br /> change. <br /> 15.3 Notice of Termination <br /> Notice of termination shall be given by the party terminating this Agreement to the other party in <br /> writing. <br /> 15.4 Rights and Duties of Parties upon Termination <br /> A termination by any Party shall not extinguish or release either Party from liability, claims or <br /> obligations to third parties existing as of the time of termination. Any costs incurred prior to <br /> proper notification of termination shall be borne by the Parties in accordance with the terms of <br /> this Agreement and this Section. The release and indemnification provisions set forth in this <br /> Agreement and all remedial provisions shall survive termination of this Agreement. <br /> Everett Station Operations & Maintenance Agrle ent, January 2011 <br /> Page 12 of 13 <br />
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