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<br />1 DISTRICT: <br /> <br />Agreement No. 002-104 <br /> <br />1 <br />2 <br /> <br />DISTRICT: <br /> <br />Orange County F100d Control District <br />Actn: Director. Pub1ic Faci1ities and Resources Department <br />Post Office Box 4048 <br />Santa Ana. California 92702-4048 <br /> <br />3 <br />4 <br /> <br />5 <br />6 <br />7 <br />8 <br /> <br />CITY: <br />City of Santa Ana <br />Attn: City Manager <br />20 civic Center Plaza <br />Santa Ana. Ca1ifornia 92702 <br /> <br />9 <br /> <br />Upon termination by either PARTY. the DISTRICT shall inform the CITY of any ongoing <br /> <br />10 <br /> <br />investigations prior to the termination date and return the prorated share of any <br /> <br />11 remaining annual pollution response on-call fees within forty-five (45) days after <br /> <br />12 <br /> <br />the termination date for the fiscal year in which the termination occurs. <br /> <br />Upon <br /> <br />13 <br /> <br />termination it will be the responsibility of the CITY to complete any water pollution <br /> <br />14 <br />15 <br />16 <br />17 <br /> <br />incident response. Clean-up and/or enforcement activities associated with any ongoing <br /> <br />investigations. <br />(c) PARTIES agree to fully cooperate with and assist one another in all matters <br /> <br />pertaining to losses arising from costs not reimbursed by any "PERSON~. as identified <br /> <br />in CITY ORDINANCE. in performance of this AGREEMENT. <br /> <br />If a claim is made. or suit is <br /> <br />18 <br /> <br />brought against a PARTY to this AGREEMENT likely to be related to the performance <br /> <br />19 thereof. said PARTY shall immediately forward every claim. demand, notice, summons or <br /> <br />20 other process received by it to the other PARTY hereto. <br /> <br />21 <br />22 <br /> <br />(d) If any part of this AGREEMENT is held, determined or adjudicated to be illegal. <br /> <br />23 <br /> <br />void or unenforceable by a court of competent jurisdiction, the remainder of this <br /> <br />AGREEMENT shall be given effect to the fullest extent reasonably possible. <br />(e) No alteration or variation of the terms of this AGREEMENT shall be valid unless <br />made in writing and signed by the PARTIES hereto, and no oral understanding or <br /> <br />agreement not incorporated shall be binding on any of the PARTIES hereto. <br /> <br />24 <br /> <br />25 <br /> <br />26 <br /> <br />7 <br />