3.5. SR 04-12-2010 - Laserfiche WebLink

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VI. TERMINATION A. Termination. The parties may terminate this Agreement as follows: 1. Either party may terminate this Agreement by providing notice to the other party if the other party commits a material breach of this Agreement, and the breach is not cured within 30 days after receipt of notice from the party not in breach, stating the nature of the breach. 2. Either party may terminate this Agreement by providing notice to the other party in the event of any proceedings, voluntary or involuntary, in bankruptcy or insolvency by or against the other party, or the appointment with or without such other party's consent of an assignee for the benefit of creditors or of a receiver for such other party, or the going into liquidation voluntarily or otherwise for the making of a composition with creditors of such other party. 3. GRE may terminate this Agreement by providing sixty (60) days advance written notice to the Hauler in the event of the early termination of a New Service Agreement with one of the Counties. 4. Beginning January 1, 2015 and continuing on January 1 of each year thereafter during the Term of this Agreement, in the event the Hauler has experienced for the preceding calendar year a decrease of greater than fifteen percent (15%) as compared to the calendar year preceding the preceding calendar year in (i) the aggregate tonnage of MSW picked up in Anoka and Sherburne counties, or (ii) its residential pricing for MSW originating in Anoka or Sherburne County due to the effects of a new entrant in the relevant hauling market, the Hauler may terminate this Agreement by providing one hundred eighty (180) days advance written notice to GRE together with appropriate documentation evidencing the applicable decrease in MSW tons or revenue. 5. The Hauler may terminate this Agreement upon ninety (90) days prior written notice in the event of the early termination of the Hauler Rebates (earlier than the schedule described in Appendix A) or at the expiration of the Hauler Rebates on December 31, 2012. Notwithstanding the foregoing, within thirty (30) days after receipt of the written notice described above, GRE shall have shall have the right to reduce the Tipping Fee by the amount of the applicable Hauler Rebate, in which case this Agreement shall not terminate and the terms of this Agreement shall continue in full force and effect with such adjusted Tipping Fee. 6. Beginning January 1, 2015 and continuing on January 1 of each year thereafter during the Term of this Agreement, in the event the Hauler has -7-