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10.5 Lake Shore Wastewater Services
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11-07-2022 City Council Meeting
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10.5 Lake Shore Wastewater Services
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4.2 In the event Lake Shore hires another company to be its operator,Pequot Lakes will <br /> provide 10 hours of training services for the new Lake Shore employee on Facilities <br /> operations and duties at Lake Shore's expense at the rate of$70.00 per hour. <br /> 5. TERMINATION <br /> 5.1. Notwithstanding any provisions of this Agreement, this Agreement may be <br /> terminated as follows: <br /> 5.1.1. Either Party,in the event of the other Party's breach or default of a material <br /> term or condition contained in this Agreement, may terminate this <br /> Agreement by providing written notice to the other Party. In the event of a <br /> health or safety emergency, in Lake Shore's sole discretion, Lake Shore <br /> may immediately implement temporary, alternative wastewater operator <br /> services, which shall not constitute a breach or default of this Agreement. <br /> Either Party shall not have the right to terminate this Agreement for breach <br /> or default unless the non-breaching or non-defaulting Party has first given <br /> the other Party written notice of the breach or default, and the other Party <br /> shall thereafter have fifteen (15) days from the date of such written notice <br /> in which to cure its breach or default to the non-breaching or non-defaulting <br /> Party's reasonable satisfaction before the non-breaching or non-defaulting <br /> Party can provide the above notice of termination; or <br /> 5.1.2. This Agreement may also be terminated by either Party for any reason or <br /> for convenience by either Party upon sixty (60) days written notice to the <br /> other Party. In the event of termination under this clause,Lake Shore shall <br /> be obligated to Pequot Lakes for payment of amounts due and owing <br /> including payment for services performed or furnished to the date and time <br /> of termination. <br /> 5.1.3 If Lake Shore is unable to find an alternative services provider through <br /> diligent, good faith efforts within the sixty (60) days written notice of <br /> termination period set forth in paragraph 5.1.2, then Pequot Lakes shall <br /> continue to provide the services set forth in this Agreement, at the agreed <br /> upon compensation hereunder as applicable at the time, plus for an <br /> additional charge of twenty-five percent (25%) of such amount, for sixty <br /> (60) days so that there is no interruption in services to Lake Shore. In good <br /> faith, Lake Shore shall attempt to obtain an alternative services provider as <br /> soon as practicable,but no later than the time period or permitted extension <br /> provided herein. In the event Lake Shore is unable to retain a service <br /> provider within the initial sixty (60) day written notice of termination <br /> period, Lake Shore shall provide Pequot Lakes written notice of the same <br /> at least ten (10) days prior to the expiration of the initial sixty (60) day <br /> written notice of termination period notifying Pequot Lakes that Pequot <br /> Lakes will need to continue to provide services pursuant to this Agreement <br /> at the additional charges for an additional sixty(60) days. <br /> 5 <br />
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