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05
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2017
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060617
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05
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6/8/2017 12:01:43 PM
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5/31/2017 10:52:11 AM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
6/6/2017
DESTRUCT DATE
15Y
DOCUMENT NO
05
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SECTION 7. TERMINATION. <br /> 7.1 Termination Upon Completion of Project or Expiration of Term. <br /> This Agreement shall terminate upon the expiration of the Term or earlier as set forth in this <br /> section. Upon termination of this Agreement, either Party may cause a notice of such <br /> termination in a form satisfactory to the City Attorney to be duly recorded in the official records <br /> of Alameda County. <br /> 7.2 Termination Due to Default. <br /> After notice and expiration of the sixty (60)day cure period as specified in Section 6.3 above, if <br /> the default has not been cured or it is not being diligently cured in the manner set forth above,the <br /> noticing Party may, at its option, give notice of its intent to terminate this Agreement pursuant to <br /> the Development Agreement Statute("Notice of Intent to Terminate"). Within thirty(30)days <br /> of receipt of a Notice of Intent to Terminate, the matter shall be scheduled for consideration and <br /> review in the manner set forth in the Development Agreement Statute. Following consideration <br /> of the evidence presented in said review, the Party alleging the default may give written notice of <br /> termination of this Agreement. If a Party elects to terminate as provided herein, upon sixty (60) <br /> days' written notice of termination, this Agreement shall be terminated as it relates to the <br /> defaulting Party's rights and obligations hereunder. Notwithstanding the foregoing, a written <br /> notice of termination given under this Section 7.2 is effective to terminate the obligations of the <br /> noticing Party only if a default has occurred and such default, as a matter of law, authorizes the <br /> noticing Party to terminate its obligations under this Agreement. In the event the noticing Party <br /> is not so authorized to terminate, the non-noticing Party shall have all rights and remedies <br /> provided herein or under applicable law, including, without limitation, the right to specific <br /> performance of this Agreement. Once a Party alleging default has given a written notice of <br /> termination, legal proceedings may be instituted to obtain a declaratory judgment determining <br /> the respective termination rights and obligations under this Agreement. Notwithstanding the <br /> foregoing, any such default and related termination shall only extend to the defaulting Party's <br /> rights and obligations hereunder and shall not affect the rights and obligations of any other <br /> Assignee who has acquired other portions of the Property in accordance with Section 9.1 below. <br /> 7.3 Termination by Mutual Consent. <br /> This Agreement may be terminated by mutual consent of the Parties in the manner provided in <br /> the Development Agreement Statute. <br /> SECTION S. DISPUTE RESOLUTION. <br /> 8.1 Voluntary Mediation and Arbitration. <br /> If a dispute arises related to the interpretation or enforcement of, or compliance with, the <br /> provisions of this Agreement ("Dispute"), City and Developer may mutually consent to attempt <br /> 15 <br />
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