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Agenda - 10-04-1993 - VIII-A
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Agenda - 10-04-1993 - VIII-A
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2/6/2017 4:32:59 PM
Creation date
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BOCC
Date
10/4/1993
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
VIII-A
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Fror Ltc 1—l.Jt t-1L111 !J 717 OGi7 kJ.:O'+ i.1-i <br /> ICJ <br /> (ii) The County fails to budget appropriate money sufficient to pay the Management Fee <br /> coming due in the next ensuing fiscal year in the County's annual budget or in an interim <br /> or amended County budget; <br /> (iii) Any bankruptcy, insolvency, or reorganization proceeding or similar litigation as <br /> instituted against the County, or a receiver, custodian, or similar officer is appointed for <br /> the County or any of its property, and such proceeding or appointment shall not be <br /> vacated or fully stayed within ninety(90)days after the institution or occurrence thereof; <br /> or <br /> (iv) Any warranty, representation, or statement made by the County herein or in any <br /> other document executed or delivered in connection herewith is found to be incorrect or <br /> misleading in any material respect on the date made. <br /> B. TYHA shall be deemed to be in default hereunder upon the happening of any of <br /> the following events of default: <br /> (i) Any bankruptcy, insolvency, or reorganization proceeding or similar litigation is <br /> instituted against TYHA, or a receiver, custodian, or similar officer is appointed for <br /> TYHA or any of its property, and such proceeding or appointment shall not be vacated <br /> or fully stated within ninety (90) days after the institution or occurrence thereof; or <br /> (ii) TYHA fails to operate the TCAC pool for more than three (3)consecutive months. <br /> Section 14.02 - mRe . Each party hereto will have all remedies available at law or <br /> in equity to enforce any of the terms and provisions hereof,including, but not limited to,actions <br /> at law for damages and equitable actions seeking rescission of this Agreement and/or injunctive <br /> relief (mandatory or prohibitory) to prevent the breath or threatened breach of any term or <br /> provision thereof or to enforce the performance of all terms and conditions of this Agreement. <br /> All remedies are cumulative; the exercise of any one or more of them will not in any way alter <br /> or diminish the rights of the exercising party to any other remedy provided herein or at law or <br /> in equity. <br /> Section 14.03 -A,ttooi ys' Fees. In the event of any breach or default by either party <br /> of any of the terms and conditions of this Agreement, the non-defaulting party will be entitled <br /> to reimbursement from the defaulting party of all of its costs and expenses in enforcing any of <br /> the terms and conditions of this Agreement, including all reasonable and necessary attorneys' <br /> fees incurred thereby. <br /> a <br />
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