Laserfiche WebLink
sent by mail, any notice or other communication shall be effective 48 hours after <br /> it has been deposited in the United States mail, with postage prepaid, and <br /> addressed as set forth above. <br /> C. Term, Termination and Amendments. The term of this Agreement shall be from <br /> the date of execution first noted through June 30, 2022, unless the District is <br /> terminated earlier in which case this Agreement shall otherwise terminate. The <br /> Corporation may request an extension of the ending date in order to allow the <br /> Corporation to expend remaining District funds for District Services in the event <br /> that all District funds are not received and spent by June 30, 2022 or other earlier <br /> termination date. Said extension of the ending date of this Agreement shall not <br /> be effective except by mutual agreement of the parties and set forth in writing, <br /> signed by both parties. A failure to object to a breach of this Agreement shall not <br /> constitute an amendment thereof, nor shall it waive any future breach of this <br /> Agreement. If the City finds there has been misappropriation of funds, <br /> malfeasance, or a violation of law in connection with the management of the <br /> District pursuant to Streets and Highways code section 36670, the City may also <br /> terminate this Agreement by mailing a notice in writing to the Corporation, giving <br /> the Corporation sixty (60) days' notice of the City's intent to so terminate. The <br /> termination shall be effective on the 61st day after providing such notice. This <br /> Agreement shall then be deemed terminated, and no further funding shall be <br /> allocated by the City to the Corporation. <br /> D. Attorneys Fees. If the services of any attorney are required by any party to <br /> secure the performance of this Agreement, or otherwise upon the breach or <br /> default of either party, or if any judicial remedy or arbitration is necessary to <br /> enforce or interpret any provision of this Agreement, the prevailing party shall be <br /> entitled to reasonable attorney fees, costs and other expenses, in addition to any <br /> other relief to which such party may be entitled. It is understood that for <br /> purposes of calculating reasonable attorney fees for the City, that the City <br /> Attorney's billing rates shall be calculated at the prevailing rate. <br /> E. Governing Law. This Agreement and the legal relations between the parties <br /> shall be governed by and construed in accordance with the laws of the State of <br /> California. <br /> F. Waiver. The waiver by any party to this Agreement of breach of any provision of <br /> this Agreement shall not be deemed a continuing waiver or a waiver of any <br /> subsequent breach of that or any other provision of this Agreement. <br /> G. Entire Agreement. This document, including the Resolution and the Ordinance, <br /> contains the entire Agreement between the parties and supercedes whatever <br /> oral or written understanding they may have had prior to the execution of this <br /> • <br /> Agreement. <br /> Page 7 of 8 <br />