25Q - JT USE WITH WILLARD INTERMEDIATE

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9. REMEDIES FOR BREACH. Any material breach of this Agreement alleged by either party shall be subject of notification in writing to the alleged breaching party, as provided herein. Each party shall be accorded a 60-day period from actual receipt of written notification to cure each and every breach identified in the notification. Failure to provide notification in writing and the opportunity to cure any alleged breach shall constitute a waiver of that breach of the Agreement. Any dispute as to the existence of a material breach, the acceptability of a cure for each alleged breach, or the appropriate remedy for each and every material breach of this Agreement shall be resolved by mediation and/or arbitration by a mediator/arbitrator agreeable to both parties. Arbitration of disputes as to material breach of this Agreement shall be final and binding as the exclusive remedy for enforcement of the rights and responsibilities of all parties subject to this Agreement. 10. BINDING EFFECT AND NONASSIGNABILITY. This Agreement and all the terms, covenants, conditions, and agreements herein contained shall be binding upon and inure to the benefit of the parties hereto and their respective successors. This Agreement shall not be assignable by either Party. 11. TERMINATION. Either party may terminate this Agreement, at will, with 60 days prior written notice to the other party. IN WITNESS WHEREOF, this Agreement has been duly approved by both District and City. The "District" Santa Ana Unified School District, apolitical subdivision of the State of California By: Superintendent By: President of the Board Attest: By: Clerk of the Board David N. Ream City Manager Patricia E. Healy Clerk of the Council Approved as to Form: Joseph Fletcher, City Attorney By: Jose Sandoval Managing Senior Assistant City Attorney Page 5 of 6 25Q-7 The "City" City of Santa Ana A Charter City By: Attest: By: Willard jt use 091908