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areas within the District's jurisdiction which are tributary to the shared sanitary <br />sewers located within City's jurisdiction. <br />(ii) Secondary Enforcement byCity. Within those portions of District's service areas that <br />are tributary to shared sanitary sewers located within the City's jurisdiction, if the <br />City makes a determination that enforcement or additional enforcement is necessary <br />in a particular instance, and if the District has not initiated the enforcement or <br />additional enforcement, the City shall be entitled to proceed independently to pursue <br />enforcement as it deems appropriate; provided that the City has first requested that <br />the District respond with the appropriate enforcement and the District has failed to <br />respond within a period of time that is reasonable (based on the urgency of the <br />circumstances). Except in an emergency, if the City determines to take independent <br />actions pursuant to this paragraph, it shall first notify the District as soon as possible, <br />but not less than twenty-four (24) hours in advance of the intended enforcement <br />action. Such notice may be given in writing or by telephone or by electronic <br />communication or facsimile, confirmed in writing. <br />(e) Nothing herein is intended to relieve either Party from any responsibility it may <br />otherwise legally have for enforcement within its own jurisdiction or make the Parties jointly <br />responsible therefore. <br />5. REMEDIES <br />In addition to any other remedies provided elsewhere in this Agreement and by law, the <br />parties shall be entitled to specific performance. The parties acknowledge that monetary damages <br />are not an adequate remedy in the event of a breach by either Party to this Agreement with respect to <br />the obligations to construct or repair facilities and to discontinue wastewater discharges to affected <br />sewers. The Parties agree that the construction, repair or discontinuance obligations shall be <br />specifically enforceable by any court of competent jurisdiction. <br />6. INDEMNIFICATION. <br />Each Party shall defend, indemnify and hold harmless the other Party and each of its officers, <br />directors, council members, employees, agents and representatives against and from any and all <br />actions, claims, damages to persons or property, fines, fees, penalties, obligations or liabilities, <br />including attorney's fees, that may be asserted or claimed by a person, firm, corporation political <br />subdivision, governmental agency, or other organization, arising out of, resulting from, or in <br />connection with (i) the negligence or willful misconduct of itself, its officers, agents, employees, or <br />representatives in the performance of this Agreement, and (ii) any wastewater discharge from a <br />sanitary sewer operated by, or on behalf of, itself, into a shared sanitary sewer within the jurisdiction <br />of the other Party. <br />7. TERM AND TERMINATION. <br />The term of this Agreement shall commence upon approval and execution of this document <br />by both parties and shall expire on June 30, 2067. This Agreement may be terminated by written <br />notice to the other party at least 18 months in advance. The party electing to terminate agreement <br />5]9683.1 8 <br />