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• Award damages <br /> • Grant the City an option to terminate this Agreement, with the <br /> City receiving a specific monetary award for damages determined <br /> by the panel under applicable law. <br /> • Any other remedy at law or equity that the panel determines to be <br /> just and proper <br /> • Consider the entire course of performance of the parties under the <br /> Agreement <br /> The panel decision is binding. Proceedings after the issuance of the panel decision <br /> (such as appeals or motions to vacate or modify the decision)will be governed by <br /> Chapter 7.04A RCW or successor statute. <br /> 11. Agreement Oversight,Modification. The City and the YMCA will <br /> each appoint members to a senior staff coordinating group who will meet together at <br /> least annually to review the Agreement and the performance of the various Agreement <br /> components. Members of the senior staff coordinating group will be from the Mayor's <br /> Office, Senior Parks Department leadership,Everett YMCA Executive Director and <br /> YMCA of Snohomish County senior leadership. Except for Directors' Letters strictly <br /> in accordance with Section 5 above: No waiver, alteration or modification of any of the <br /> provisions of this Agreement shall be binding unless in writing and signed by the Mayor <br /> for the City and a duly-authorized representative of the YMCA. <br /> 12. YMCA Termination Option. The parties acknowledge that, at some <br /> point in the future,the City might elect to close the City's pool at Forest Park,even though <br /> City as of the date of this agreement has no plans to do so and continues to invest in the <br /> Forest Park pool. Accordingly, the parties have agreed that the YMCA will have an <br /> option to terminate this Agreement in the event of such a closure under the terms set forth <br /> below in this Section 12: <br /> Effective as of the date of the occurrence of the Forest Park Permanent Closure <br /> (as defined below) and continuing in effect for five years thereafter, the YMCA <br /> has an option to terminate this Agreement. (For the purposes of clarity,the parties <br /> agree that the YMCA has no option to terminate this Agreement unless and until <br /> Forest Park Permanent Closure occurs.) In order to exercise the option, the <br /> YMCA must deliver to the City no later than the fifth anniversary of Forest Park <br /> Permanent Closure: (A) written notice of the termination date of this Agreement, <br /> 12 <br />