Laserfiche WebLink
<br />Docusign Envelope ID: 6DA6840A-CBC0-4053-80F1-F219D97CE273 <br />MOU No. :M-017-25 <br />SCAG Project/OWP No. :305.4927.03 <br />until the dispute is resolved. A judgment upon the award rendered by arbitration may be entered into <br />any court having jurisdiction thereof. The arbitration panel shall have the authority to grant any remedy <br />or relief that would have been available to the Parties had the matter been heard in a court of law. <br />Following arbitration, the arbitration panel shall prepare a written decision containing the essential <br />findings and conclusions on which the award is based so as to ensure meaningful judicial review of <br />the decision. All expenses and fees for the arbitrator and expenses for hearing facilities and other <br />expenses of arbitration shall be borne equally by both Parties unless they agree otherwise or unless the <br />arbitrator in the award assesses such expenses against one of the parties or allocates such expenses <br />other than equally between the Parties. Either Party may bring an action in court to compel arbitration <br />under this MOU and to enforce an arbitration award. <br />16. Noncompliance <br />a. In the event of nonperformance or noncompliance with any requirement of this MOU, including <br />but not limited to Project eligibility, schedule, deliverables, or milestone timelines, as outlined in <br />the most current fully executed SOW Approval Form, SCAG may: <br />In Processi. Issue a written notice to stop work. If such notice is provided, Recipients shall immediately <br />cease all work under the MOU. SCAG has the sole discretion to determine that Recipients are <br />in compliance with the terms and conditions after a stop work order, and to deliver a written <br />notice to Recipients to resume work under this MOU. <br />ii. Require repayment of the Grant Funds. <br />iii. Terminate this MOU pursuant to Section 17. <br />b. Notwithstanding the provisions set forth above, or any other provision contained in this MOU, no <br />remedy conferred by any of the specific provisions of this MOU or the SOW Approval Form, is <br />intended to be exclusive of any other remedy, and each and every remedy shall be cumulative and <br />shall be in addition to every other remedy existing at law or in equity or by statute or otherwise. <br />17. Termination of MOU <br />a. Termination for Cancellation or Reduction in REAP 2.0 Funding. In the event HCD terminates or <br />cancels funding to SCAG, this MOU is deemed to be terminated and SCAG shall be relieved of <br />any and all obligations under this MOU as of the effective date of HCD’s termination. In the event <br />HCD reduces funding to SCAG, SCAG shall have the unilateral right to stop work, proportionally <br />reduce funding to Recipients or terminate this MOU. <br />b. Termination for Convenience. SCAG or Recipients may terminate this MOU at any time by giving <br />written notice to the other party of such termination at least thirty (30) calendar days before the <br />effective date of such termination. Recipients may only terminate for convenience jointly and may <br />not terminate for convenience separately. Should SCAG terminate the MOU for convenience, <br />upon receipt of the notice of termination, Recipients shall immediately take action to avoid <br />incurring any additional obligation costs or expenses except as may be necessary to terminate its <br />activities. SCAG shall pay the CBOs its reasonable and allowable costs through the effective date <br />Page 14