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D. EFFECTIVE DATE AND CONTRACT TERM: <br /> <br />1. Effective Date. This Agreement shall be effective February 1, 2020 and shall continue <br />in full force and effect until terminated pursuant to paragraph 2 below. <br /> <br />2. Contract Term. This Agreement shall continue in full force and effect until January 31, <br />2021. If neither party provides notice to the other of its intent to cancel this Agreement at <br />least thirty (30) days prior to its scheduled expiration, the Agreement shall be <br />automatically renewed for an additional one-year term. <br /> <br />3. Early Termination for Incapacity. The Agreement may be canceled prior to its <br />scheduled termination by reason of the death or permanent disability of Lee. <br /> <br />4. Early Termination for Breach. If either party believes that the other is in breach of this <br />agreement, it shall deliver written notice to the allegedly breaching party informing them <br />of the nature of the breach. The notified party may take action to cure the breach within <br />five (5) business days of receipt. <br /> <br />a. If a breach by Lee is not cured within the given time, or waived by the City, the <br />City may immediately cancel the Agreement. As final payment in the event of a <br />Lee breach, the City shall be obligated only to pay a portion of the monthly fee due <br />in the month of cancellation, based on the number of days passing prior to the <br />delivery of the breach notice divided by the number of days in the month. <br /> <br />b. If a breach by the City is not cured within the given time, or waived by Lee, Lee <br />may cancel the Agreement. As final payment in the event of a City breach, the <br />City shall be obligated to pay fifty percent (50%) of the remaining fee value of the <br />Agreement, presuming that the Agreement would not be renewed beyond its <br />existing term. <br /> <br />5. Waiver. Waiver of a breach of any part of this Agreement by either party, whether by <br />inaction or by affirmative decision to waive, does not constitute a waiver or release from <br />any other part of the Agreement, or for any further breach of the same provision occurring <br />after the initial waiver. <br /> <br />6. Notices. Notices shall be addressed to the following: <br /> <br />For City: City Administrator <br />City of Little Canada <br />515 E. Little Canada Road <br />Little Canada, MN 55117 <br /> <br />For Fire Marshal: James P. Lee <br /> <br /> <br />