2002 AGN DEC 03 I14 - Laserfiche WebLink

Browse Search

5. TERMINATION A. This Agreement may be terminated upon sixty (60) days wntten notice by Jon -Lin. B. Upon the completion of the term of this Agreement, Jon -Lin shall revert to the then effective electric rate for industrial service with the City. 6. NON -DEDICATION OF FACILITIES A. Any provision of this Agreement shall not constitute the dedication of the system or any portion thereof by either Party to the public, a third party, or to the other Party, and it is understood and agreed that any such undertaking by any Party shall cease upon the termination of this Agreement. 7. NO THIRD PARTY RIGHTS A. This Agreement shall not be construed to create rights in, or to grant remedies to, any third party as a beneficiary of this Agreement, or of any duty, obligation or undertaking established therein. 8. UNCONTROLLABLE FORCES A. No Party shall be considered to be in default in the performance of any obligation under this Agreement (other than an obligation to make payment for bills rendered for past service pursuant to this Agreement) when failure of performance shall be due to uncontrollable forces. Uncontrollable forces shall mean any cause or causes beyond the control of the Party unable to perform such obligation. 9. ASSIGNMENT OF AGREEMENT A. No Party shall voluntarily assign this Agreement or any part thereof without written consent of the other Party, whose consent shall not be unreasonably withheld. 10. EXECUTION A. This Agreement shall be executed in two (2) counterparts, each shall be an original, but both shall constitute one and the same instrument. IN WITNESS THEREOF, the parties hereto have executed this Agreement, or cause it to be executed in counterpart as of the day, month, and year first written above. n �I � CITY OF COLTON BY: Deirdre H. Bennett TITLE: Ma., A7ESizZe CLERK