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8C Consent 2008 0303
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8C Consent 2008 0303
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Last modified
3/4/2008 1:32:41 PM
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3/4/2008 1:32:41 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
3/3/2008
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_CC Agenda 2008 0303
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2008\Packet 2008 0303
Reso 2008-021
(Reference)
Path:
\City Clerk\City Council\Resolutions\2008
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9.) The City warrants that there are no outstanding rights which interfere with this <br />agreement. Further, the City will notify the Service of planned or pending changes in <br />ownership of Robert's Landing. <br />REMEDIES, ENFORCEMENT, AND DISPUTE RESOLUTION <br />In general. Except as set forth below, each party shall have all remedies otherwise available to <br />enforce the terms of this MOU. <br />Enforcement authority of the United States. Nothing contained in this agreement is intended <br />to limit the authority of the United States government to seek civil or criminal penalties or <br />otherwise fulfill its enforcement responsibilities under the Act or other applicable law. <br />Dispute resolution. The parties recognize that disputes concerning implementation of, <br />compliance with, or termination of this MOU may arise from time to time. The parties agree to <br />work together in good faith to resolve such disputes, using the informal dispute resolution <br />procedures set forth in this section, or such other procedures upon which the parties may later <br />agree. However, if at any time any party determines that circumstances so warrant, it may seek <br />any mailable remedy without waiting to complete informal dispute resolution. <br />Informal dispute resolution process. Unless the parties subsequently agree upon another <br />dispute resolution process, the parties may use the following process to attempt to resolve <br />disputes: <br />(a) The aggrieved party will notify the other parry of the provision that may have been <br />violated, the basis for contending that a violation has occurred, and the remedies it <br />proposes to correct the alleged violation. <br />(b) The party alleged to be in violation will have thirty (30) days, or such other time as may <br />be agreed, to respond. During this time it may seek clarification of the information <br />provided in the initial notice. The aggrieved party will use its best efforts to provide any <br />information then available to it that maybe responsive to such inquiries. <br />(c) Within thirty (30) days after such response was provided or was due, representatives of <br />the parties having authority to resolve the dispute will meet and negotiate in good faith <br />toward a solution satisfactory to all parties, or will establish a specific process and <br />timetable to seek such a solution. <br />MISCELLANEOUS PROVISIONS <br />Notices. Any notice permitted or required by this agreement shall be in writing, delivered <br />personally to the persons listed below, or shall be deemed given five (5) days after deposit in the <br />United States mail, certified and postage prepaid, return receipt requested and addressed as <br />follows, or at such other address as any party may from time to time specify to the other parties <br />5 <br />
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