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Said Ordinance shall be in effect prior to completion of the Project and final payment by DISTRICT. WATER CONSERVATION BMP- The AGENCY agrees to adopt the Best Management Practices (BMP) for water conservation, more particularly described in Exhibit "D" (Water Conservation - Best Management Practices) attached hereto and incorporated herein by reference. TERM - The term of this Contract is from date of contact execution by both parties through completion of the project or February 20, 2002, whichever occurs first unless terminated earlier as provided for in Paragraph 5 below entitled Termination. All project deliverables and requests for reimbursement must be received by March 20, 2002. Failure to meet this deadline will result in forfeiture of Cooperative Projects Program funding, provided, however, that in the event AGENCY is unable to complete the project within the term required herein due to unforeseen or unavoidable circumstances, or by mutual agreement by both AGENCY and DISTRICT, DISTRICT may extend the term of this contract for an additional period of six (6) months subject to approval by the DISTRICT'S General Manager. Any extensions beyond six (6) shall be approved by the DISTRICT'S Board of Directors. TERMINATION - In the event any party fails to comply with any term or conditions of this Contract, or fails to provide the services in the manner agreed upon by the parties, including, but not limited to, the requirements as set forth in Exhibit "A", and Exhibit "C" (Project Milestone Schedule) attached hereto and incorporated herein by reference, it shall constitute a material breach of the Contract. The non-breaching party shall have the sole and exclusive option either to notify the breaching party that it must cure this breach within fifteen (15) days' or provide written notification of its intention to terminate this Contract with thirty (30) days' written notice. Notification shall be provided in the manner set forth in Paragraph 22 below, entitled - "Notices." Termination shall not be the exclusive remedy of the non-breaching party. The non-breaching party reserves the fight to seek any and all remedies provided by law. DISTRICT reserves the right to terminate this Contract for non-breach and shall reimburse AGENCY for actual costs incurred in performance of this Contract through the effective date of termination for non-breach. INSURANCE - Prior to the start of this Contract, AGENCY shall furnish evidence of standard form of commercial or comprehensive general liability insurance with a combined single limit (general and automotive) of One Million Dollars ($1,000,000). AGENCY shall require any Contractor performing services funded by this Contract to also provide evidence of standard form commercial or comprehensive general liability insurance for any project requiring work to be performed in a public fight-of-way. The policy shall have a combined single limit of $2.0 million per occurrence for bodily injury, including death, personal injury, property damage, and products liability, with $5.0 million general policy aggregate; or, alternatively $2.0 million aggregate separate for this Contract. AGENCY shall maintain such coverage during the term of this Contract and any extensions thereofi DISTRICT shall be named as an additional insured on such liability policy and thirty- (30) days' written notice of modification of any such insurance shall be given by AGENCY to DISTRICT. Such modification is subject to pre-approval by DISTRICT. If AGENCY fails to maintain the required insurance coverage, DISTRICT reserves the right to terminate the Contract or purchase such additional insurance and bill AGENCY or deduct the cost thereof from any payments owed to AGENCY. INDEMNIFICATION - AGENCY agrees to hold harmless, defend, and indemnify DISTRICT, its officers, employees, agents, representatives and successors-in-interest against any and all loss, damage, cost or expenses which DISTRICT, its officers, employees, agents, representatives and