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ARTICLE V: FALSE ALARMS <br />All parties acknowledge that excessive false alarms constitute a public nuisance. OTSEGO agrees to <br />enforce its false alarm policy and to collect and forward to ELK RIVER penalties and fees collected from <br />properties within the Fire Service Area for excessive false alarms. <br />ARTICLE VI: TERM <br />This Agreement shall commence on January 1, 2016, and shall expire on December 31, 2020, unless <br />terminated earlier as provided herein. <br />ARTICLE VII: MODIFICATION <br />This writing contains the entire agreement between the parties and no alterations, variations, <br />modifications or waivers of the provisions of this Agreement are valid unless reduced to writing and <br />signed by both ELK RIVER and OTSEGO except that OTSEGO may make changes to the Fire Service Area <br />as provided for in Article III without signature and approval by both parties. <br />This Agreement and the exhibits attached hereto contain the entire agreement of the parties with <br />respect to the subject matter of this Agreement, and supersede all prior negotiations, agreements and <br />understandings with respect thereto. <br />ARTICLE Vlll: TERMINATION <br />This Agreement may be terminated at any time during its term by mutual agreement of the parties. <br />Such mutual agreement to terminate shall be in writing and shall be effective when fully executed by <br />both parties. <br />Either party may terminate this Agreement by serving a 365 -day written notice of termination to the <br />other party. This Agreement shall terminate 365 days from the date of written notice of termination, <br />unless the party serving the notice specifies a later date of termination or withdraws the notice of <br />termination in writing before it is effective. <br />If OTSEGO fails to pay for Services as provided in Article III hereof, ELK RIVER may terminate this <br />Agreement upon 60 days' written termination notice. <br />If OTSEGO fails to reimburse ELK RIVER for mutual aid costs as provided in Article IV hereof, or fails to <br />collect and forward to ELK RIVER penalties for false alarms as provided in Article V hereof, ELK RIVER <br />may terminate this Agreement after 30 days' notice to make payment or settle any dispute. In the event <br />that payment is not made, or any dispute is not resolved within the 30 day period, ELK RIVER may <br />terminate this Agreement upon 180 days written termination notice. <br />In the event that this Agreement is terminated, OTSEGO shall still be responsible for paying in full any <br />amount owed to ELK RIVER for Services provided under this Agreement up to the date of termination. <br />ELK RIVER shall return any portion of the annual fee already paid allocated for Services provided after <br />the date of termination. Notice to either party shall be made to the Office of the City Clerk. <br />Page 13 <br />