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Agmt00 MBIA
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Agmt00 MBIA
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Last modified
9/26/2005 12:10:03 PM
Creation date
9/22/2005 3:23:03 PM
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Template:
Agreement
Contractor Name
MBIA
PROJECT NAME
utility users tax - franchise compliance
RMP File Number
304
Date
12/18/2000
Reso Ref
14077
Box
6039
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<br />and additional revenues received by the CITY, as described in the second paragraph <br />of Section 6(B)(1). MMC shall also be entitled to additional compensation as <br />described in Section 7(C). <br /> <br />C. Upon termination by either party of the AGREEMENT as provided herein, MMC <br />shall be entitled to retain any fees it may have received from the CITY pursuant to <br />Section 6(A) of this AGREEMENT. Upon termination by either party of the <br />AGREEMENT as provided herein, MMC shall be entitled to retain any fees it may <br />have received from the CITY pursuant to Sections 6(A) and 7(B) of this <br />AGREEMENT. In addition, MMC shall be entitled to payment according to the <br />terms of Section 6(B) and (C) for all additional revenues, including interest and <br />penalties, that MMC is able to reasonably substantiate resulted from its compliance <br />review activities pursuant to Section 6(B) and (C) during the term of the <br />AGREEMENT. Within thirty (30) days following termination, MMC shall provide <br />the CITY with a list of detections of non-compliance resulting from the compliance <br />review activities of MMC. The CITY shall, in good faith, diligently seek to: i) <br />correct such detections of non-compliance made by MMC prior to the date of <br />termination; and, ii) collect the additional revenues that are due the CITY and MMC <br />for past periods and for the 12 quarters going forward following the correction, even <br />though the date of actual correction may occur after the termination date. MMC shall <br />assist the CITY in this correctionlcoliection effort, if so requested by the CITY. <br /> <br />8. OTHER GENERAL PROVISIONS <br /> <br />In addition to the above provisions, the parties also agree to be bound by the general <br />provisions as set forth in Attachment "A" of this AGREEMENT, which are by this reference <br />incorporated herein. In the event of disagreement between the specific provisions of this <br />AGREEMENT and the general provisions, the specific provisions of this AGREEMENT <br />shall prevail. <br /> <br />EXECUTED as of the day and year first above stated. <br /> <br /> <br />By: <br />Title: <br />Date: <br /> <br />~: <br />~~ ~ ~~ ,~~~~~ <br />City Clerk <br /> <br />..) <br /> <br />MBIA MuniServices Company/Municipal Resource <br />Consultants <br /> <br />By: ~ ¿{ lJ.~ <br />Title: ?RES JÞeNT <br />Date: /.;¡. / IS' I dO <br />/ ' <br /> <br />-- <br /> <br />Agmt-412 <br />F :/SharedIRedwood/C cunei! <br />FXS:djk <br />10113/00 <br /> <br />9 <br />
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