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Otsego Contract for Firefighting Services with the City of Elk River (Elk River Fire Department) <br />January 1, 2011 <br />ARTICLE IV: MUTUAL AID <br />Because the FIRE DEPARTMENT has heretofore entered into mutual assistance <br />firefighting agreements with other fire departments, municipalities and agencies <br />possessing equipment and/or personnel, which equipment and/or personnel could be <br />called by the Fire Chief and/or his/her designee to a call in the CITY OF OTSEGO, the <br />CITY OF OTSEGO agrees to pay such additional cost as may be incurred thereby if in <br />the sole judgment of the Fire Chief and/or his/her designee such additional equipment <br />and/or personnel are needed for assistance in the CITY OF OTSEGO and are in fact <br />called upon by the Fire Chief and/or his/her designee. <br />ARTICLE V: FALSE ALARMS <br />All parties acknowledge that excessive false alarms constitute a public nuisance. The <br />CITY OF OTSEGO agrees to enforce its false alarm policy and to collect and forward to <br />the CITY OF ELK RIVER penalties and fees collected from properties within the Fire <br />District for excessive false alarms. <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 notice of termination, unless the party serving the notice specifies a later date <br />of termination or withdraws the notice of termination in writing before it is effective. <br />Page 3 <br />