RES 97091 - Laserfiche WebLink

Member shall continue to be responsible for its share of the general budget during 2 the five-year withdrawal period. 3 Paragraph 28. Reinstatement. A party, subsequent to its filing of its notice of 4 withdrawal or its actual withdrawal from LAVWMA, may seek reinstatement as a 5 "member of LAVWMA. Application for reinstatement shall be made in writing to 6 LAVWMA and the members. A party shall be reinstated upon affirmative action by 7 the Board and the then existing members of LAVWMA. The Board may require a 8 party seeking reinstatement to meet any terms and conditions which the Board 9 deems appropriate to insure quality of treatment and participation. 10 Paragraph 29. Term and Termination. This Agreement shall continue in force 11 until rescinded or terminated at the end of any fiscal year by consent of all the 12 Members. Upon termination, every Member Agency shall be entitled to receive 13 such property and surplus money of LAVWMA as may lawfully be distributed in 14 proportion to the contribution made by the respective Member Agencies. 15 Para~aph 30. Successors and Assigns. This Agreement shall be binding upon and 16 inure to the benefit of the successors or assigns of the Member Agencies. No 17 Member Agency may assign any right or obligation herein without the written 18 consent of each of the other Member Agencies. 19 Paragraph 31. Repeal of Prior Documents. The documents entitled "Joint Exercise 20 of Powers Agreement" entered into on the 18th day of June 1974, the Modifications 21 to LAVWMA Joint Exercise of Powers Agreement entered into on May 31, 1977, and 22 the "Second Modification to LAVWMA Joint Exercise of Powers Agreement" 23 entered into on October 20, 1993, are hereby repealed and replaced by this 24 Agreement. The repeal of these prior agreements does not affect any existing 25 contract or obligation of LAVWMA with any third party. 26 Paragraph 32. Severabili_ty. Should any portion, term, condition or provision of 27 this Agreement be decided by a court of competent jurisdiction to be illegal or in 28 conflict with any law of the State of California, or otherwise rendered unenforceable 29 or ineffectual, the validity of the remaining portions, terms, conditions, or 30 provisions shall not be affected thereby. Except in the circumstances set forth in 31 paragraph 15.4.2, if any provision of this Agreement is held invalid or otherwise 32 becomes unenforceable for any reason, the Member Agencies shall use their best 33 efforts to revise this Agreement to the maximum extent legally feasible in order to 34 cure the invalidity. In such event, LAVWMA shall retain the authority to maintain 35 its other facilities and to reline and repair the pipeline existing at the time of 36 execution of this Agreement. The Member Agencies shall operate all existing 37 LAVWMA facilities in a coordinated manner in order to carry out the goals and 38 purposes of this Agreement. Approved as to Form: CITY OF LIVERMORE CITY OF LIVERMORE LAVWMA/JPA/Board6/Clean -16- July 7, 1997