Laserfiche WebLink
other environmental costs. <br /> The purpose of the Ten-Year Financial Projection is to keep the City fully informed about the future financial condition <br /> of the Waste Infrastructure System.The County shall cause a copy of the Ten-Year Financial Projection to be delivered <br /> to the City Manager/General Manager of the City no later than May I of each year. Upon request, the County shall <br /> make available to the Cities supporting information related to the ten-year financial projection <br /> Within thirty(30)calendar days of finalizing each annual update of the Ten-Year Projection,County shall transmit the <br /> Ten-Year Projection via email to the City and OCCMA. If requested by the City or OCCMA, the County shall <br /> reasonably respond to requests from the City and/or OCCMA for additional information including,but not limited to, <br /> requests to meet and discuss the updated Ten-Year Projections at the next regularly scheduled OCCMA meeting or <br /> other forum mutually agreed to by the County and OCCMA. <br /> ARTICLE V <br /> BREACH,ENFORCEMENT AND TERMINATION <br /> SECTION 5.1 BREACH. The Parties agree that in the event either Party breaches any obligation under this <br /> Agreement or any representation made by either Party hereunder is untrue in any material respect,the other Party shal l <br /> have the right to take any action at law or in equity (including actions for injunctive relief, mandamus and specific <br /> performance) it may have to enforce the payment of any amounts due or the performance of any obligations to be <br /> performed hereunder.Neither Party shall have the right to terminate this Agreement except as provided in Section 5.2 <br /> and Section 5.3 hereof or as otherwise provided in this Agreement. <br /> SECTION 5.2 CITY CONVENIENCE TERMINATION. The City shall have the right to terminate this <br /> Agreement in its sole discretion,for its convenience and without cause at any time during the Tenn hereof upon ninety <br /> (90) days' written notice to the County. If the City exercises its rights to terminate the Agreement pursuant to this <br /> Section, the City shall pay the County a termination fee equal to the Contract Rate in effect at the time of such <br /> termination(or any higher rate with respect to which the County has provided notice pursuant to Section 4.2)multiplied <br /> by the number of tons of City Acceptable Waste delivered to the Disposal System during the preceding twelve (12) <br /> months(or, if the City had been in breach of the Waste Disposal Covenant during such prior months, such amount as <br /> would have been delivered if the City had complied with the Waste Disposal Covenant), multiplied by the number of <br /> years remaining in the Term of the Agreement. <br /> SECTION 5.3 TERMINATION. <br /> (A) By City.Except as expressly provided herein,the City shall have no right to terminate this <br /> Agreement for cause except in the event of the failure or refusal by the County substantially to perform any material <br /> obligation under this Agreement unless such failure or refusal is excused by an Uncontrollable Circumstance;except <br /> that no such failure or refusal shall give the City the right to terminate this Agreement for cause under this subsection <br /> unless: <br /> (1) The City has given prior written notice to the County stating that a specified failure <br /> or refusal to perform exists which will,unless corrected,constitute a material breach of this Agreement on the part of <br /> the County and which will, in its opinion, give the City the right to terminate this Agreement for cause under this <br /> subsection unless such breach is corrected within a reasonable period of time,and <br /> (2) The County has neither challenged in an appropriate forum (in accordance with <br /> Section 5.5)the City's conclusion that such failure or refusal to perform has occurred or constitutes a material breach <br /> of this Agreement nor corrected or diligently taken steps to correct such breach within a reasonable period of time not <br /> more than ninety(90)days from the date of the notice given pursuant to clause(1)of this subsection(but if the <br /> County shall have diligently taken steps to correct such breach within such reasonable period of time,the same shall <br /> not constitute a breach giving rise to the right of termination for as long as the County is continuing to take such steps <br /> to correct such breach). <br /> (B) By County.Except as expressly provided herein,the County shall have no right to terminate <br /> this Agreement for cause except in the event of the failure or refusal by the City or its Franchise Hauler to substantially <br /> perform any material obligation under this Agreement unless such failure or refusal is excused by an Uncontrollable <br /> Circumstance; except that no such failure or refusal shall give the County the right to terminate this Agreement for <br />