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DRAFT <br />10-14-09 <br /> <br />312576v1 SJR- <br />163485 MU205210-435 <br />7 <br /> <br />If the City fails to perform any of the terms, conditions or requirements of this <br />Agreement, the YMCA will give the City thirty (30) days written notice of such failure. <br />After receipt of the written notice, the City will have thirty (30) days to correct the <br />problem, except that the YMCA may in any case take immediate steps at the City’s <br />expense to correct the problem in order to protect the health, safety and welfare of the <br />City and the public prior to the end of the thirty (30) day period without affecting the <br />YMCA’s right to terminate the Agreement. If the City fails to correct the problem within <br />that thirty (30) day period, the YMCA may terminate the Agreement by giving the City <br />sixty (60) days written notice of such termination. <br /> <br />B. Termination by Mutual Consent <br /> <br /> After August 31, 2000, if If both the YMCA and the City agree that this <br />Agreement is not fulfilling the desired results for both parties, this agreement can be <br />terminated at a mutually agreed upon date at least one hundred and eighty days into the <br />future. Such a date shall be selected to cause the least disruption to the operation of the <br />Rec Center and to recreation programming. The general reasons for terminating the <br />agreement as well as the date of termination of this Agreement must be documented and <br />signed by both parties. <br /> <br />C. Termination by Either Party <br /> <br /> After August 31, 2000, either Either the YMCA or the City can terminate this agreement <br />by giving at least one hundred and eighty days written notice of its intent to terminate the <br />Agreement. If the YMCA initiates the termination, the date of termination shall be <br />selected to cause the least disruption to the operation of the Rec Center and to recreation <br />programming, but it must be at least one hundred and eighty days but not more than two <br />hundred and seventy five days from the date of written notification. <br /> <br />ARTICLE VIII: MISCELLANEOUS PROVISIONS <br /> <br />A. Addresses and Notices. Any notice permitted or required to be given under this <br />Agreement must be in writing and shall be deemed to have been given if sent by certified <br />mail, postage prepaid, addressed as follows: <br /> <br /> To the City: City Clerk-Administrator <br /> City of Mounds View <br /> 2401 Highway 10 <br /> Mounds View, MN 55112 <br /> <br /> To YMCA: YMCA of Greater Saint Paul <br /> 476 Robert Street North 2125 East Hennepin Avenue <br /> St. Paul, MN 55101 Minneapolis, MN 55413 <br />