RES 82366 - Laserfiche WebLink

Agreement Page 10 TE~ OF AGREEMENT The term of this Agreement shall commence on the date of execution and conclude eleven (11) years from the date of the completion of the DSRSD plant expansion or the LA~q}~ pipeline, whichever is later, unless termi- nated earlier. Provided, however, that the time criteria and limits set forth in this Agreement shall be extended for a period equal to the time which Owner is prevented from adding additional flows to the District plant by an order of a court of competent jurisdiction, state or federal agency. However, such extension or exten- sions shall not exceed a total of four (4) years. TEDiINATION If the Owner defaults on any obligations created by this Agreement or is in breach of any of the covenants herein made, and such default or breach is not cured within ninety (90) days of the notice by City, City may immediately terminate this Agreement. This section is not intended to limit the City to any particular remedy or procedure and the right to terminate under this section shall be cumulative to all other rights established by this Agreement or provided for by law or in equity. Thirty (30) days after the acceptance by City ~f the "Engineer's Estimate" of the cost of the entire project either party may terminate this Agreement without cost or obligation. RECORDATION Owner shall cause this Agreement to be recorded with the Alameda County Recorder to be a part of the chain of title and notice to all potential purchasers. TIME IS OF THE ESSENCE Time is of the essence of this Agreement except where otherwise expressly provided. NOTICES All notices herein required shall be in writing and delivered in person or sent by registered mail, postage prepaid. Notices required to be given to the City shall be addressed as follows: City Manager City of Pleasanton P. O. Box 520 Pleasanton, California 94566.