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Agmt15 Peninsula Humane Society
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Agmt15 Peninsula Humane Society
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Last modified
8/13/2020 10:38:54 AM
Creation date
6/22/2015 4:58:16 PM
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Template:
Agreement
Contractor Name
Peninsula Humane Society and SPCA
PROJECT NAME
Animal Control Services
RMP File Number
304
Date
6/2/2015
Amendment
Yes
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9.2 Material Breach. In the event of a material breach of this Services <br /> Agreement by either party, the other party shall notify the breaching party <br /> of such material breach and that such breach must be cured within sixty <br /> days of the notice. In the event the breaching party does not cure the <br /> material breach within sixty days, the notifying party may immediately <br /> terminate this Services Agreement or seek any other applicable legal <br /> remedy including but not limited to specific performance of this <br /> Agreement. Termination is effective on the date specified in the written <br /> notice. In any event of termination under this paragraph, Contractor shall <br /> be paid for all approved work performed until termination. Contractor <br /> shall have no right to, or claim against County or any contracting City for, <br /> the balance of the contract amount. <br /> 9.3 Lease Agreement. To enable Contractor to perform the services under <br /> this Services Agreement for the entire term, Parties hereby agree that <br /> Contractor's leasehold of the premises subject to the Parties' Lease <br /> Agreement and the Lease Termination Notice shall extend at the rental <br /> rate of one dollar ($1.00) per annum, but only so long as this Services <br /> Agreement remains in full force and effect. Notwithstanding the above, <br /> when the County's proposed new shelter facility is ready to <br /> accommodate all services required to be provided by Contractor under <br /> this Services Agreement that are now provided in the existing facility, the <br /> lease will terminate. At such time, County will provide Contractor with 90 <br /> days written notice to, and Contractor shall within that 90 days, vacate <br /> the existing facility unless both parties agree to an extension. <br /> 10. Negotiated Agreement <br /> Parties acknowledge and agree that this Services Agreement was reduced to writing by <br /> County solely for the convenience of the Parties and that neither party is to be considered <br /> the drafter of this Services Agreement for the purposes of construction or interpretation of <br /> said Services Agreement or any ambiguity herein. Parties acknowledge that the language <br /> and provisions of this Services Agreement was negotiated between the Parties, each of <br /> whom had the benefit of legal counsel. <br /> 11. Availability of Funds <br /> County may terminate this Services Agreement or a portion of the services referenced in <br /> the Attachments and Exhibits based upon unavailability of Federal, State, City or County <br /> funds by providing written notice to Contractor as soon as is reasonably possible after <br /> County learns of said unavailability of outside funding. In the event of termination, <br /> Contractor shall only be entitled to payment under this Agreement for services already <br /> rendered as of the date of termination and shall refund any payments made in advance for <br /> which services have not been rendered. Contractor shall not be obligated to provide any <br /> services under this Services Agreement for which funding is not available. <br /> 12. Relationship of Parties <br /> February 5,2015 -9- <br />
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