RES 77203 - Laserfiche WebLink

1 10 11 13 l& 15 18 ~0 A decision by the arbitration panel shall be a condition precedent to the filing of any legal action relating to this agreement, except as otherwise provided herein. If legal action is initiated, the party prevailing in arbi- tration shall have the right to introduce the record of the arbitration as evidence to the trial court. The trial shall be a trial de novo with no limita- tion on the introduction of evidence not contained in the arbitration record. The decision Of the .arbitration panel shall be given no special weight or presumption. 12. Term of this Agreement: The term of the Agreement shall be thirty (30) years from the date hereof; provided, however, that if the Agency or its successor determines that the use of Authority's project is no longer required and availability of AgencyLs capacity is no longer necessary, the Agency's sewer revenue bonds have all been paid, and Agency's capacity rights have been acquired, then in such case the Agreement may be earlier terminated. Agency may renew this Agreement at the end of said term subject to renegotiation of its conditions, promises and costs except capital costs. Agency shall notify 'Authority of its desire to renew the Agreement by giving thirty {3~days written notice of said renewal prior to the expiration date of this Agreement. 13. Time of Performance: Authority shall be prepared to accept flows from Agency's interceptor pipeline by November l, 1980. This time period is essen- tial in order to permit Agency to comply with Regional Water Quality Control Board NPDES permit restrictions and requirements on Agency~s members. Agency and Authority recognize that events may occur which are beyond Authority's control and the time period specified herein may be extended for good cause. Such good cause may include strikes, lockouts or other labor disputes; fire, earthquake, or other natural disasters; unavoidable casualty or damage to