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Otsego Fire Protection Contract with the City of Elk River (Elk River Fire Department) <br />January 1, 2011 <br />ARTICLE VI: TERM <br />This Agreement shall commence on January 1, 2011 and shall expire on December 31, <br />2015 unless terminated earlier as provided herein. <br />ARTICLE VII: MODIFICATION <br />This writing contains the entire agreement between the parties and no alterations, <br />variations, modifications or waivers of the provisions of this Agreement are valid unless <br />reduced to writing and signed by both the CITY OF ELK RIVER and the CITY OF <br />OTSEGO. <br />This Agreement and the exhibits attached hereto contain the entire agreement of the <br />parties with respect to the subject matter of this Agreement, and supersede all prior <br />negotiations, agreements and understandings with respect thereto. <br />ARTICLE VIII: TERMINATION <br />This Agreement may be terminated at any time during its term by mutual agreement of <br />the parties. Such mutual agreement to terminate shall be in writing and shall be <br />effective when fully executed by both parties. <br />Either party may terminate this Agreement by serving a 365-day written notice of <br />termination to the other party. This Agreement shall terminate 365 days from the date <br />of written termination, unless the party serving the notice specifies a later date of <br />termination or withdraws the notice of termination in writing before it is effective. <br />If the CITY OF OTSEGO fails to pay for Services according to the schedule established <br />herein, the CITY OF ELK RIVER may terminate this Agreement upon 60 days' written <br />termination notice. <br />In the event this Agreement is terminated, the CITY OF OTSEGO shall still be <br />responsible for paying in full any amount owed to the CITY OF ELK RIVER for Services <br />provided under this Agreement up to the date of termination. Notice to either party shall <br />be made to the city administrator, or city clerk if there is no city administrator. <br />ARTICLE IX: SEVERABILITY <br />The provisions of this contract shall be deemed severable. If any part of this contract is <br />rendered void, invalid, or otherwise unenforceable, such rendering shall not affect the <br />validity and enforceability of the remainder of this contract. <br />Page 3 <br />