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1 shall bear the costs and fees of its own attorney or attorneys and its <br />2 witnesses. <br />3 4) Limitation. The provisions of this Section 5.2.3 shall apply solely to <br />4 controversies within the provisions of this Article VIII: and expressly shall <br />5 not apply to controversies, if any, which may arise under Article VI <br />6 ("Collection Rates"). <br />7 E. Remedies. <br />8 1) Named. Remedies available to Agency pursuant to this Article include the <br />9 issuance of a Compliance Order, Termination Order, or Order for <br />10 Payment of Compensatory Damages, which terms are defined and <br />11 described hereinafter. Such Orders may be issued subject to such terms <br />12 and conditions as the Manager (in the case of Compliance Orders) and the <br />13 Governing Body (in the case of all such Orders issued by it) shall deem <br />14 appropriate. <br />15 2) Compliance Order. A Compliance Order may be issued by the Manager <br />16 or the Governing Body upon a dete~,~.ination that Company has violated, <br />17 or is in continuing violation of, any of its duties or obligations, either <br />18 express or implied, under this Agreement, and shall direct Company <br />19 forthwith to cease such violation, and may specify, if appropriate, the time <br />20 within which such violation shall be remedied, and otherwise establish <br />21 terms and conditions governing compliance thereunder. <br />22 3) Termination Order. If the Governing Body determines that Company has <br />23 violated, or is in continuing violation of, any of its duties or obligations, <br />24 either express or implied, under this Agreement, the Governing Body may <br />25 order termination of this Agreement. Such Termination Order shall be <br />26 effective not less than thirty (30) days from the date of the Termination <br />27 Order. Company shall not be entitled to any further revenues from <br />28 Collection operations authorized hereunder from and after the effective <br />29 date of termination. <br />30 4) Order for Payment of Compensatory Damages. If the Governing Body <br />31 determines that Company has violated, or is in continuing violation of, <br />32 any of its duties or obligations, either express or implied, under this <br />33 Agreement, which has caused loss of revenues to Agency, or caused <br />34 Agency to incur unnecessary costs or has caused loss or damages to any <br />35 person, it may order Company to pay compensatory damages therefor to <br />36 Agency, or to the person so damaged. <br /> <br /> Page32 8/2/96 <br /> <br /> <br />