Laserfiche WebLink
MOU No.:M-011-18-00 <br />SCAG Project/O W P No.:275-4823.01 <br />(2) initiate litigation following advance written notice to the other Party of not less than thirty (30) <br />days. <br />c) If any party should bring a legal action against the other to enforce the terms of this MOU, the <br />prevailing party shall be entitled to recover reasonable attorneys' fees and costs, as determined by <br />a court of competent jurisdiction in said proceeding. <br />18. Noncompliance <br />In addition to such other remedies as provided by law, in the event of noncompliance with any <br />grant condition or specific requirement of this MOU, this MOU may be terminated. <br />19. Termination of MOU <br />a. Termination for Convenience. Either Party may terminate this MOU at any time by giving <br />written notice to the other party of such termination at least thirty (30) calendar days before <br />the effective date of such termination. In such event, all finished or unfinished documents and <br />other materials as described in the MOU shall be provided to SCAG and CITY shall be paid <br />for all services performed by Consultant and accepted by CITY provided the required <br />consultation between CITY and SCAG has been undertaken in accordance with Section 2(e) <br />of this MOU. Further, the Party terminating this MOU before the effective date of termination <br />shall be responsible for any actual, incurred termination costs incurred by the Consultant as a <br />result of such termination notice. <br />b. Termination for Cause. If through any cause, CITY shall fail to timely and adequately fulfill its <br />obligations under this MOU, or if CITY violates any of the covenants, agreements, or <br />stipulations of this MOU, SCAG shall thereupon have the right to terminate the MOU by <br />giving not less than ten (10) calendar days written notice to CITY of the intent to terminate <br />and specifying the effective date thereof. SCAG shall provide a reasonable opportunity for <br />CITY to cure prior to termination. In no event shall such opportunity to cure extend beyond <br />the term of the MOU. In the event that SCAG invokes this termination clause, all finished or <br />unfinished documents and other materials as described in the MOU shall be returned to SCAG <br />at its option. <br />c. If through any cause, SCAG shall fail to timely and adequately fulfill its obligations under this <br />MOU, or if SCAG violates any of the covenants, agreements, or stipulations of this MOU, <br />CITY shall thereupon have the right to terminate the MOU by giving not less than ten (10) <br />calendar days written notice to SCAG of the intent to terminate and specifying the effective <br />date thereof. CITY shall provide a reasonable opportunity for SCAG to cure prior to <br />termination. In no event shall such opportunity to cure extend beyond the term of the MOU. <br />In the event that CITY invokes this termination clause, all finished or unfinished documents <br />and other materials as described in the MOU shall be returned to CITY at its option. <br />20. Non-Asshmment <br />a. Neither Party shall assign this MOU, or any part thereof, without the written consent of each <br />Party to this MOU. Any assignment without such written consent shall be void and <br />unenforceable. <br />May 9, 2018 <br />Page 12 <br />