05-24-1995 Council Agenda - Laserfiche WebLink

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7. Termination or Extension. (A) Termination by the City. The City may terminate this Agreement at any time during the term hereof or any extension thereof by 30 days written notice upon the occurrence of any of the following. (1) A change in CIP legislation or CIP rules, or a DPS or Court Order, or other event which, in the City's judgment, is a significant change in the conditions or circumstances which caused the parties to enter into this Agreement; or (2) The EERC has failed to perform any of its obligations under this Agreement and has failed to cure such failure to perform within the notice period or; (3) The Government Energy Conservation Agreement between NSP and the City been terminated. (B) Termination by the EERC. The EERC may terminate this Agreement at any time during the term hereof or any extension thereof by 30 day written notice upon the occurrence of any of the following: (1) A change in CIP legislation or CIP rules, or a DPS or Court Order, or other event which, in the EERC's judgment, is a significant change in the conditions or circumstances which caused the parties to enter into this Agreement; or (2) The City has failed to perfonn any of its obligations under this agreement and has failed to cure such failure to perform within the notice period; or (3) The Local Government Conservation Agreement between NSP and the City has been terminated. (C) Payment after Termination. In the event this Agreement is terminated under (A) or (B) above, the EERC shall be paid for costs incurred pursuant to Section 2 of this Agreement up to and including the termination date. (D) Expenses after Termination. The City shall not be responsible to the EERC, or to any third party for expenses incurred subsequent to the date of termination set out in 10(A) and 10(B). (E) Extension. The parties may, by mutual agreement, extend the term of this agreement, but neither party is obligated to negotiate for or agree to any extension. Page 54