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10A Action 2010 0210
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Packet 2010 0920
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10A Action 2010 0210
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Last modified
9/27/2010 9:44:02 AM
Creation date
9/16/2010 5:30:32 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
9/20/2010
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_CC Agenda 2010 0920
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2010\Packet 2010 0920
Reso 2010-124
(Reference)
Path:
\City Clerk\City Council\Resolutions\2010
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Section 6.07. Assignment. <br /> This Operating Agreement and any rights hereunder may be assigned by the Authority <br /> without the necessity of obtaining the prior consent of the Users. No User may assign any of its <br /> • rights hereunder without the prior written consent of the Authority. • <br /> Section 6.08. Net Contract. • <br /> This Operating Agreement shall be deemed and construed to be a "net- net -net obligation" <br /> and User hereby agrees that the User Payments shall annually be an absolute net return to the <br /> Authority, free and clear of any expenses, charges or set -offs whatsoever. <br /> Section 6.09. California Law. <br /> This Operating Agreement shat l be construed and governed in accordance with the laws <br /> of the State of California. <br /> • <br /> Section 6.10. Notices. <br /> Any notice, request, complaint, demand or other communication under this Operating <br /> • Agreement shall be given by first class mail or personal delivery to the party entitled thereto at <br /> its address as set forth below, or by facsimile transmission or other form of telecommunication, <br /> at its number set forth below. Notice shall be effective either (a) upon transmission by facsimile <br /> transmission or other form of telecommunication, (b) forty -eight (48) hours after deposit in the <br /> United States of America first class mail, postage prepaid, or (c) in the case of personal delivery <br /> to any person, upon actual receipt. User, the Authority or the Trustee may, by written notice to <br /> the other parties, from time to time modify the address or number to which communications are <br /> to be given hereunder. • <br /> Authority: East Bay Regional Communications System Authority, <br /> Alameda County Office of Homeland Security and Emergency <br /> Services <br /> 4985 Broder Boulevard <br /> Dublin California 94568 <br /> Facsimile: (925) <br /> Attention: William J. McCammon, Executive Director <br /> •User: [Name, Address and Facsimile Number <br /> Attention: [City Manager and/or Finance Department and/or User <br /> Department] <br /> Trustee: [Name, Address and Facsimile Number] <br /> Section 6.1 1. Effective Date. • <br /> This Operating Agreement shall become effective upon its execution and delivery, and <br /> • shall terminate as set forth in Section 2.03 hereof. <br /> • <br /> -22- <br /> Project Operating Agreement 082710 <br />
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