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<br />9. REMEDIES FOR BREACH. Any material breach of this Agreement alleged by <br />either party shall be subject of notification in writing to the alleged breaching party, as provided <br />herein. Each party shall be accorded a 60-day period from actual receipt of written notification to <br />cure each and every breach identified in the notification. Failure to provide notification in writing <br />and the opportunity to cure any alleged breach shall constitute a waiver of that breach of the <br />Agreement. Any dispute as to the existence of a material breach, the acceptability of a cure for each <br />alleged breach, or the appropriate remedy for each and every material breach of this Agreement <br />shall be resolved by mediation and/or arbitration by a mediator/arbitrator agreeable to both parties. <br />Arbitration of disputes as to material breach of this Agreement shall be final and binding as the <br />exclusive remedy for enforcement of the rights and responsibilities of all parties subject to this <br />Agreement. <br /> <br />10. BINDING EFFECT AND NONASSIGNABILITY. This Agreement and all the <br />terms, covenants, conditions, and agreements herein contained shall be binding upon and inure to <br />the benefit of the parties hereto and their respective successors. This Agreement shall not be <br />assignable by either Party. <br /> <br />II. TERMINATION. Either party may terminate this Agreement, at will, with 60 days <br />prior written notice to the other party. <br /> <br />IN WITNESS WHEREOF, this Agreement has been duly approved by both District and City. <br /> <br />The "District" <br />Santa Ana Unified School District, <br />a political subdivision of the State of California <br /> <br />By: <br /> <br /> <br />By: <br /> <br />Attese <br /> <br />By: C::~;::~:/~' do <br /> <br />Page 5 of6 <br /> <br />The "City" <br />City of Santa Ana <br />A Charter City /7 ;' <br /> <br />By: tJ-/<!) r2 <br /> <br />David N. Ream <br />City Manager <br /> <br />~'d <br />By: ~ .i ~ <br />Patricia E. Healy tS <br />Clerk of the Council <br /> <br />Approved as to Form: <br />Joseph Fletch 1 <br /> <br />By: <br /> <br /> <br />se Sandoval <br />anaging Senior Assistant City Attorney <br /> <br />willard jt use 09 f 908 <br />