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2018/05/23 Council Agenda Packet
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2018/05/23 Council Agenda Packet
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Council Agenda Packet
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5/23/2018
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7 <br /> 12. Compliance with Laws. <br /> In the performance of its obligations under this Agreement, each party shall <br /> comply with all applicable federal, state, and local laws,rules and regulations. <br /> 13. Default and Remedies. <br /> 13.1 Default. If either the County or the City fails to perform any act or <br /> obligation required to be performed by it hereunder, the other party shall deliver written <br /> notice of such failure to the non-performing party. The non-performing party shall have <br /> thirty(30) days after its receipt of such notice in which to correct its failure to perform <br /> the act or obligation at issue, after which time it shall be in default("Default")under this <br /> Agreement; provided, however, that if the non-performance is of a type that could not <br /> reasonably be cured within said thirty(30) day period, then the non-performing party <br /> shall not be in Default if it commences cure within said thirty(30) day period and <br /> thereafter diligently pursues cure to completion. <br /> 13.2 Remedies. In the event of a party's Default under this Agreement,then <br /> after giving notice and,an opportunity to cure pursuant to Section 13.1 above, the non- <br /> Defaulting party shall have the right to exercise any or all rights and remedies available <br /> to it in law or equity. <br /> 14. Early Termination. <br /> 14.1 30 Days' Notice. Except as provided in Section 14.2 below, either party <br /> may terminate this Agreement at any time, with or without cause, upon not less than <br /> thirty (30) days advance written notice to the other party. The termination notice shall <br /> specify the date on which the Agreement shall terminate. <br /> 14.2 Lack of Funding. This Agreement is contingent upon governmental <br /> funding and local legislative appropriations. In the event that funding from any source is <br /> withdrawn, reduced, limited, or not appropriated after the effective date of this <br /> Agreement,this Agreement may be terminated by either party immediately by delivering <br /> written notice to the other party. The termination notice shall specify the date on which <br /> the Agreement shall terminate. <br /> 14.3 Calculation of Costs Due Upon Early Termination. Upon early <br /> termination of this Agreement as provided in this Section 14, the City shall pay the <br /> County for all Services performed up to the date of termination, as well as the costs of <br /> any and all non-cancelable obligations.The County shall notify the City within thirty(30) <br /> days of the date of termination of all remaining costs including non-cancelable costs. <br /> Termination costs charged to the City shall not exceed the actual costs incurred as a result <br /> of early termination. No payment shall be made by the City for any expense incurred or <br /> Services performed following the effective date of termination unless authorized in <br /> writing by the City. <br /> (Rev.7-2013)INTERLOCAL AGREEMENT FOR MUNICIPAL ROAD AND STREET 8 of 11 <br /> SERVICES WITHIN THE CITY OF EVERETT 6 9 <br />
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