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4.8 SR 12-20-2021
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4.8 SR 12-20-2021
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12/28/2021 8:23:08 AM
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12/17/2021 10:50:32 AM
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12/20/2021
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ARTICLE VI TERM <br />This Agreement shall commence on January 1, 2022 and shall remain in effect unless and until <br />terminated as provided in Article VIII herein. <br />ARTICLE VII MODIFICATION <br />A. Amendments <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 <br />and signed by both ELK RIVER and OTSEGO, with the exception that: <br />1. Otsego may adjust the FSA effective January 1st of any year by providing Elk River with <br />an amended exhibit B no later than September 1 of the preceding year. <br />B. Entire agreement <br />This AGREEMENT and the exhibits attached hereto contain the entire agreement of the parties <br />with respect to the subject matter of this AGREEMENT, and supersede all prior negotiations, <br />agreements, and understandings with respect thereto. <br />ARTICLE VIII TERMINATION <br />A. By Agreement <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 effective <br />when fully executed by both parties. <br />B. By Either Party <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 of <br />termination or withdraws the notice of termination in writing before it is effective. <br />C. By ELK RIVER <br />1. If OTSEGO fails to pay for SERVICES as provided in Articles I, II and III hereof, <br />ELK RIVER may terminate this AGREEMENT upon 60 days' written termination <br />notice. <br />2. If OTSEGO fails to reimburse ELK RIVER for mutual aid costs as provided in <br />Article IV hereof or fails to collect and forward to ELK RIVER penalties for false <br />alarms as provided in Article V hereof, ELK RIVER may give 30 days' notice to <br />make payment or settle any dispute. In the event that payment is not made, or any <br />dispute is not resolved within the 30-day period, ELK RIVER may terminate this <br />AGREEMENT upon 180 days written termination notice. <br />Page 14 <br />
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