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Resolution 2013-47 - Needs Fully Executed Agreement
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Resolution 2013-47 - Needs Fully Executed Agreement
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Last modified
6/27/2024 9:23:29 AM
Creation date
9/4/2013 11:13:39 AM
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Template:
City Council Records
Also Known As (aka)
IGA Hazordous Materials Management (HMM) 2013
Doc Type
Resolution
Signed Date
9/3/2013
Ord/Res - Year
2013
Ord/Res - Number
47
Original Hardcopy Storage
7D6
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RES 2013-47
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X. DURATION AND WITHDRAWAL <br />A. This Agreement shall automatically renew on January 1St of each year until December 31, 2018; <br />provided, however, that each Party's obligation to pay its required financial contributions hereunder and <br />each other Party's right to take action to compel payment hereunder shall continue until such obligation <br />has been discharged. Any Municipality may withdraw from this Agreement, which withdrawal shall be <br />effective ten (10) days after the Municipality mails by certified mail, return receipt requested, a written <br />notice to Boulder County of the Municipality's intent to withdraw. The withdrawing Municipality will be <br />discharged from its obligations hereunder, provided that it has paid all outstanding financial obligations <br />for which it is liable under this Agreement. The terms and obligations of this Agreement shall continue as <br />to the remaining Parties. <br />B. In the event that any Municipality withdraws from this Agreement, such Municipality may again <br />become a Party only with the majority consent of the remaining Parties, after satisfying all obligations for <br />which it was liable upon date for withdrawal, and subject to such further conditions as may be required by <br />the Parties. <br />C. This Agreement may be renewed for future years beyond 2018, subject to written approval by all <br />Parties, and provided the Parties appropriate estimated costs for the future years. <br />XI. MISCELLANEOUS PROVISIONS <br />A. This Agreement shall be effective as to each Party upon ratification by that Party. <br />B. The waiver by any Party of any breach of any term, covenant or condition of this Agreement by <br />another Party shall not be deemed a waiver of such term, covenant, or condition for any subsequent <br />breach of the same or of any other term, covenant, or condition of this Agreement. <br />C. Any Party hereto shall have the right to enjoin any substantial breach or threatened breach of this <br />Agreement by any other Party, and, to the extent permitted by law, shall have the right to specific <br />performance of this Agreement. <br />D. This Agreement is solely for the benefit of the Parties hereto and no third party shall be entitled to <br />claim or enforce any rights hereunder except as specifically provided herein. <br />E. If any provision of this Agreement or application thereof to any Party or circumstance is held <br />invalid by a court of competent jurisdiction, such invalidity shall not affect the other provisions of this <br />Agreement which can be given effect without the invalid provision or application, and to this end the <br />provisions of this Agreement are declared to be severable. <br />F. This Agreement contains the entire agreement between the Parties, and shall not be amended or <br />modified in any manner without such amendment or modification being agreed to and executed in writing <br />by all the Parties. <br />G. Nothing herein shall constitute a multiple fiscal year obligation pursuant to Colorado Constitution <br />Article X, Section 20. Notwithstanding any other provision of this Agreement, the financial obligations of <br />each Party under this Agreement are subject to annual appropriation by the governing body of such Party. <br />H. This Agreement may be signed in multiple parts by the Parties. <br />10 <br />
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