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Agenda - 02-03-2009 - 6b
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Agenda - 02-03-2009 - 6b
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3/21/2016 10:50:10 AM
Creation date
1/30/2009 3:34:02 PM
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BOCC
Date
2/3/2009
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
6b
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Minutes - 20090203
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\Board of County Commissioners\Minutes - Approved\2000's\2009
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96 <br /> scheduled expiration date of the second Extension Period, the University shall have the right of <br /> entering into exclusive negotiations with the County for a period of one-hundred twenty (120) <br /> days for the purposes of negotiating a new or revised agreement relating to the LFG Project. The <br /> University shall notify the County in writing of the University's decision to exercise this right no <br /> later than one(1)year prior to the expiration date of the second Extension Period. <br /> 2$s 99—Termination Procedures — In order to terminate this Agreement under this <br /> Article VI, and except as provided in Parazraph 102,101,a Party must first issue the other Party a <br /> Notice of Default in accordance with the provisions set forth below. The Party in receipt of such <br /> Notice of Default shall then have the opportunity to cure the identified default within the specified <br /> cure period. If the Party in receipt of such Notice of Default fails to cure the specified default <br /> within the cure period, then the other Party may issue a Notice of Termination. Upon issuance, <br /> such a Notice of Termination shall be deemed a Notice of Dispute for purposes of Article XI of this <br /> Agreement and such Notice of Termination shall be submitted to dispute resolution in accordance <br /> with that Article. Subject to Article)(Land except as otherwise provided in this Agreement,the <br /> termination rights provided in this Article VI are not in lieu of, but are in addition to, any other <br /> rights and remedies either Party may have under the circumstances. <br /> A. Termination Rights of the University <br /> QQ. MIX—The University may issue the County a Notice of Default if the County <br /> breaches any of its material duties or obligations under this Agreement and such breach is material <br /> to the University's rights and benefits under this Agreement If the County does not cure such <br /> breach within forty-five (45) days after the date of the University's written Notice of Default,the <br /> University may issue the County a Notice of Termination. Provided,however,that if by the nature <br /> of the breach,the University agrees that a cure can be achieved,but not within forty-five(45)days, <br /> and that after receipt of such notice the County has begun to effect a cure without undue delay, <br /> {00022477.DOC} <br />
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