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10.4 Termination 10.4.1.This Agreement may be terminated early upon mutual agreement of the parties. 10.4.2 Notwithstanding section 10.4.1, this Agreement may be terminated early upon twelve months advance written notice to the ACFD from the CITY. 10.5 Termination for Cause If either party fails to cure any material breach, following notice and opportunity to cure, either party,upon written notice to the other,may terminate this Agreement for cause.The termination shall be effective not less than 90 days from the date of the notice or such longer time as determined by the CITY. 10.6 Termination for Non-Allocation of Funds The terms of this Agreement and the services to be provided and paid for under this Agreement, are contingent upon the appropriation of funds by the governing bodies of the respective parties in each fiscal year. Should sufficient funds not be allocated: (1)the services provided may be modified upon the parties mutual written agreement; or (2) this Agreement may be terminated upon twelve months advance written notice by City to ACFD. SECTION 11- COST OF SERVICES 11.1 Operating Budget 1 1.1 .1 For purposes of budgeting for the cost of services to be provided hereunder the Fire Chief shall prepare and submit a budget for the succeeding one or two fiscal years to the City Manager in accordance with the City's budget instructions and required deadlines. The proposed annual budget will generally be presented in a format consistent with Exhibit A (FY 2022-23 ACRECC Budget) or another format pursuant to direction by the Advisory Board. 11.1.2 Prior to April 1 of each contract year ACFD shall provide City with an estimate of the cost for services in the next contract year. The estimate shall be based on the City's proportion of the total the number of dispatch events in the previous year (July 1 to June 30) multiplied by the ACRECC total operating costs minus the revenue paid to ACRECC from the Alameda County EMS Agency and the ambulance transport provider for services provided on their behalf. 11.1.3 The cost of services is directly based on the total number of calls dispatched by ACRECC and total numbers of calls dispatched for the City annually. City's Annual dispatch cost may be lower or higher depending on the number of calls for service in the previous fiscal year. 1 1.2 Capital Requirements 11.2.1 The Fire Chief will make capital improvement project recommendations to the ACRECC Advisory board during the annual budget process. The ACRECC annual 11