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by the nonpaying CITY pursuant to this AGREEMENT, and the <br />remainder to pay ACTUAL CONSTRUCTION COSTS as they come due. <br />Should the non - paying CITY pay any portion of the amount owing, the <br />increased cost paid pursuant to this subsection by the remaining CITIES <br />will be reimbursed to the extent of the amount of such repayment. This <br />section shall apply to each payment obligation owed and not paid by any <br />CITY as it becomes due and payable and shall not result in any <br />acceleration of the fall amount payable by the nonpaying CITY over the <br />term of this AGREEMENT. In the event any CITY should default in its <br />obligations under this AGREEMENT and no longer obtain sheltering <br />SERVICES from COUNTY, COUNTY shall consult with all CITIES then <br />obtaining SERVICES from COUNTY to discuss methods of cost <br />reduction that may be made available as a result of such reduction in <br />sheltering SERVICES usage. <br />b) It is the intention of all PARTIES that no funds provided by any <br />PARTY under this AGREEMENT shall be reimbursed for any other reason than <br />that set forth in the last sentence of the foregoing subsection (a). If, pursuant to <br />judicial action or threat thereof, any funds are reimbursed under this <br />AGREEMENT to any CITY, other than pursuant to the last sentence of the <br />foregoing subsection (a), the remaining CITIES' will be responsible to pay <br />to the COUNTY the reimbursed amount. <br />c) Each CITY's proportional share of any amounts required to be paid by <br />CITIES pursuant to this section shall be determined based on the formula set forth <br />on Exhibit D. Each CITY'S resulting incremental increase in contribution <br />will be due within thirty (30) days of notification by the COUNTY to the <br />participating CITIES of the increased amount owing. The obligation of <br />CITIES to pay increased amounts under this Section 8 is not intended to <br />be an exclusive remedy. COUNTY reserves the right to take any action as <br />is appropriate to obtain payment from any non - paying CITY. <br />Additionally, each CITY paying increased costs pursuant to this Section 8, <br />shall have and retain the right to take any action at law or equity as is <br />appropriate to obtain reimbursement of such increased payment amounts <br />from the non - paying CITY. <br />8.2. Impact of Nonpayment upon SERVICES AGREEMENT. In the event any <br />CITY fails to pay, for any reason, any amount to be paid by that CITY <br />under this AGREEMENT, such failure shall constitute a default under the <br />10 <br />