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AG 2015 03 16
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AG 2015 03 16
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Last modified
3/17/2015 10:55:01 AM
Creation date
11/27/2017 10:37:15 AM
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Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
3/16/2015
Board
Board of Commissioners
Meeting Type
Regular
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however, that for the purposes of this subsection, SMG shall have the right to suspend perfor- <br />mance retroactively effective as of the date of the use of the Facility was effectively curtailed. <br />"Substantial reduction in the need for these services provided by SMG" shall mean such a reduc- <br />tion as shall make the provision of any services by SMG economically impractical. No pay- <br />ments of the management fees otherwise due and payable to SMG shall be made by the County <br />during the period of suspension. In lieu thereof, the County and SMG may agree to a reduced <br />management fee payment for the period of reduction in services required. <br />(f) In the event of a substantial increase in any Operating Expense or a sub- <br />stantial decrease in the Operating Revenues not reasonably within the control of either party, the <br />parties shall mutually negotiate in good faith an adjustment to the Benchmark and /or incentive <br />fee formula set forth in Section 4.3 above to take into account such increased cost or decreased <br />Operating Revenues, as the case may be. <br />13.7 Binding Upon Successors and Assigns; No Third -Party Beneficiaries <br />(a) This Agreement and the rights and obligations set forth herein shall inure <br />to the benefit of, and be binding upon, the parties hereto and each of their respective successors <br />and permitted assigns. <br />(b) This Agreement shall not be construed as giving any Person, other than <br />the parties hereto and their successors and permitted assigns, any legal or equitable right, remedy <br />or claim under or in respect of this Agreement or any of the provisions herein contained, this <br />Agreement and all provisions and conditions hereof being intended to be, and being, for the sole <br />and exclusive benefit of the parties hereto and their successors and permitted assigns and for the <br />benefit of no other Person. <br />13.8 Notices <br />Any notice, consent or other communication given pursuant to this Agreement <br />must be in writing and will be effective either (a) when delivered personally to the party for <br />whom intended, provided a delivery receipt is secured by the deliverer, (b) on the second busi- <br />ness day following mailing by an overnight courier service that is generally recognized as relia- <br />ble, (c) on the fifth day following mailing by certified or registered mail, return receipt requested, <br />postage prepaid, or (d) on the date transmitted by telecopy as shown on the telecopy confirma- <br />tion therefor as long as such telecopy transmission is followed by mailing of such notice by certi- <br />fied or registered mail, return receipt requested, postage prepaid, in any case addressed to such <br />party as set forth below or as a party may designate by written notice given to the other party in <br />accordance herewith. <br />To the County <br />pdfconvert. 9450.1. cabarms_agreement_2015. doc <br />33 <br />F -1 <br />Attachment number 1 <br />Page 113 <br />
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