Agmt 2008 Alameda County Waste Management Authority ACWMA

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Grantee waives all rights or claims to notice or hearing respecting any failure by WMA to continue to retain all or any such services from Grantee following the expiration or termination of this Agreement. 24. Termination The WMA may terminate this Agreement, with or without cause, by providing written notice to Grantee at least 15 days in advance of the effective date of the termination. Unless otherwise specified in the notice, the effective date of the termination shall be 15 days after the date the notice is mailed or delivered to Grantee. The WMA also may terminate this Agreement at any time without prior notice in the event that Grantee commits a material breach of the terms of this Agreement. Upon the mailing of the notice of termination, this Agreement shall become of no further force or effect whatsoever, and Grantee shall be discharged from the Agreement. Notwithstanding the foregoing, the provisions of this Agreement concerning Retention of Records, Rights to Material Produced, Confidential Information, Indemnification, and Jurisdiction and Severability shall survive termination of this Agreement. 25. Default and Remedies a. Each of the following shall constitute an event of Grantee Default hereunder: Failure to perform any obligation under this Agreement; or 2. Failure to promptly cure any failure to perform under or breach of this Agreement after the WMA has requested cure; or 3. Without limiting the generality of the foregoing, any Material Breach of any term of this Agreement ("Material Breach" as used in this Agreement shall include, but not be limited to, any failure to comply with the provisions of any section of this Agreement stating that failure to comply with that section shall constitute a material breach of this Agreement). b. Upon any Grantee Default, the WMA shall have the right to immediately suspend or terminate the Agreement, seek specific performance, and/or seek damages including incidental, consequential and/or special damages to the full extent allowed by law. 26. Litigation If any litigation is commenced between the Parties to this Agreement concerning any provision hereof or the rights and duties of any person in relation thereto, each party shall bear its own attorneys' fees and costs, except as provided in paragraph 17 above regarding indemnification. 27. Parties in Interest ACWMA Grant Agreement Page 8 of 14 San Leandro Senior Center (COSL Project 210-18-116)