Res 1992-069 - Laserfiche WebLink

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2.7.2. Production Audit. The CITY agrees to provide the DISTRICT, upon reasonable request made not more than once annually; (i) records and information necessary for the DISTRICT to audit the Project's operation and production for purposes of confirming that the CITY is meeting production requirements; and (ii) records and information concerning the CITY's well production and system wide distribution and sales. 2.8. Termination. Either party may terminate this Agreement in the event the other party commits a material breach of this Agreement. without limiting the generality of the foregoing, the DISTRICT will be deemed to commit a "material breach" in the event the DISTRICT fails to make monthly payments as required hereunder, and the CITY will be deemed to commit a "material breach" of this Agreement in the event of, but not limited to, any of the following: failure or inability of the CITY to complete the Project; failure by the CITY to file reports timely; and abandonment by the CITY of any part of the Project. Termination in the event of a material breach shall be effected only upon conveyance of a written notification to the other party at least ninety (90) days in advance of the effective date of the termination. Such notification shall state the reason for such termination and shall allow the breaching party a reasonable time of not more than thirty (30) days in which to cure such breach. Notwithstanding the foregoing, the DISTRICT may terminate this Agreement in the event the DISTRICT in good faith, no longer has available funds sufficient to meet the Monthly Payment obligations. In the event either party to this Agreement terminates this Agreement, the CITY agrees to refund promptly to the DISTRICT any unexpended funds from any Monthly Payment previously paid to the CITY by the DISTRICT pursuant to this Agreement. 2.9 Extension. In the event the CITY desires to request the DISTRICT for an extension of this Agreement for an additional period of years, the CITY will submit such request in writing to the DISTRICT not less than six (6) months before the expiration of this Agreement. 2.10. Entire Agreement; Amendment. This Agreement constitutes the entire understanding of the DISTRICT and CITY with respect to the Project. This Agreement may not be amended except by a writing executed by both parties. 5.