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Each party agrees to make arrangements to have their termination facilities available to <br />maintenance personnel on a twenty-four hour, seven day a week basis. <br />6. Term: <br />a. The term of the Agreement shall be for twenty (20) years and shall be automatically <br />renewed in four-year increments unless terminated under section 6 hereof. <br />7. Termination: <br />a. This agreement may be terminated by any Party at the end of the initial term or any <br />extension thereof by giving 180 days written notice prior to the termination. Any party <br />may terminate this Agreement for material breach 90 days after given written notice to <br />the breaching Party describing in reasonable detail the nature, scope and extent of the <br />breach if the noticed Party has not remedied the breach by that time. <br />b. Notwithstanding the above, the use of the agreed upon fibers by City of Rogers, The Elk <br />River School District, and City of Elk River shall survive the termination of this agreement <br />and each organization shall continue to provide access to and maintain their fiber <br />network for the term of the agreement and any renewal thereof and shall cooperate <br />fully with each other to allow the continual operations of the fiber networks. <br />Additionally, the Parties mutually agree to execute a successor agreement within a <br />reasonable time that addresses the changed financial environment. <br />8. Authorized Representatives: <br />a. Each Party shall designate a representative for purposes of administration of this <br />Agreement (the “Authorized Representative”). Each Authorized Representative shall <br />have authority for acceptance of services and shall be the point of contact under this <br />Agreement. A party changing the designation of its Authorized Representatives shall <br />notify the other Party pursuant to the notice provision of this Agreement. The following <br />are the Authorized Representative: <br />i. City of Rogers: City Administrator <br />1. Technical inquiries will be made to IS Director <br />ii. The Elk River School District Authorized Representative: Executive Director of <br />Business <br />1. Technical inquiries will be made to Manager of Technology <br />iii. City of Elk River: City Administrator <br />1. Technical inquiries will be made to the IT Manager <br />9. Assignment: <br />a. Except as specifically provide herein, the Parties shall not assign, transfer, or delegate <br />any rights or obligations under this Agreement either directly or indirectly by any means, <br />by operation of law or otherwise without the prior written consent of the other Parties, <br />which consent shall be unreasonably withheld. <br />10. Amendments: <br />a. This Agreement contains all the terms agreed to by the Parties and any promise or <br />communications of any type not reflected in the Agreement are null and void. Any <br />amendments to this Agreement shall be in writing and shall be approved by the <br />governing Board of each party.