Laserfiche WebLink
ARTICLE VIII <br />DEFAULT AND REMEDIES FOR DEFAULT <br />Section 8.01 Default. <br />a. Upon the occurrence, or alleged occurrence, of an event of default under or violation of <br />this Agreement, the non - defaulting Party shall send the defaulting Party Notice of its default or <br />violation or alleged default or violation. Except as otherwise specifically provided in this <br />Agreement, the defaulting Party must cure its default or violation within (i) ten (10) days for a <br />monetary default or (ii) thirty (30) days for a non - monetary default or such longer period as may <br />be necessary to cure so long as such cure is being diligently pursued following receipt of the Notice <br />of default or violation. <br />b. If the default or violation is not cured within the period prescribed in subpart (a) above, the <br />non - defaulting Party may sue for enforcement of this Agreement. However, prior to bringing any <br />proceeding in a court of law or before a court of competent jurisdiction, the Parties may resolve <br />the issue through mediation. if the Parties agree to seek mediation, they must participate in good <br />faith. However, none of the Parties shall be obligated to pursue mediation that does not resolve the <br />issue in dispute within seven days after the mediation is initiated or within fourteen days after the <br />mediation is requested. The Parties shall share the costs of the mediation equally. <br />C. If the Parties are unable to resolve their dispute through mediation, the non - defaulting Party <br />shall have the right to enforce the terms and provisions of this Agreement by specific performance <br />or by such other legal or equitable relief to which the non - defaulting Party may be entitled. Any <br />remedy or relief described in this Agreement shall be cumulative of, and in addition to, any other <br />remedies and relief available at law or in equity. <br />d. If the defaulting Party fails to abide by these deadlines, the non - defaulting Party shall have <br />all rights and remedies available in law and equity and all rights and remedies provided in this <br />Agreement. The Parties acknowledge that the City's remedies shall include the right, in the City's <br />sole discretion, to proceed with full purpose annexation of the District, or any portion thereof. <br />e. All of these rights and remedies shall be cumulative. <br />Section 8.02 Dissolution of the District. <br />a. If the District is dissolved without the prior written approval of the City, this Agreement <br />shall automatically terminate and the City shall have the right to annex all of the territory within <br />the District for full purposes in accordance with applicable laws. <br />b. If the District is dissolved, the Board of Directors for the District shall continue to exist <br />after the dissolution for the sole purpose of doing any and all acts or things necessary to transfer <br />the assets, obligations, indebtedness, and liabilities to the City. Upon completion of the transfer of <br />all assets, obligations, indebtedness, and liabilities to the City, the District shall cease to exist. <br />13 <br />