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DES:dft 1 )7/92R (001/54) <br /> 1(,i 29/92R <br /> 18. TERMINATION. As provided in paragraph 2, the term of <br /> this agreement shall continue indefinitely for purposes of <br /> treating and disposing of wastewater, but either party may give <br /> notice of termination as provided below after November 4, 2002. <br /> Prior to giving such notice, the party seeking termination shall <br /> notify the other party in writing of its intention to terminate <br /> and both shall negotiate in good faith concerning the terms and <br /> conditions of termination. In the event, however, that the <br /> parties are unable to reach mutually acceptable terms and <br /> conditions for termination, the provisions of paragraph 12 shall <br /> not apply, and the parties shall submit the issue of determining <br /> such terms and conditions to non binding mediation in an attempt <br /> to reach mutually acceptable terms. <br /> If such mediation is likewise unsuccessful, either party may <br /> initiate termination of this agreement at any time after <br /> November 4, 2002, by giving written notice of termination to the <br /> other party not less than five (5) years prior to the effective <br /> date of termination. The notice of termination shall be in <br /> resolution form, duly passed and adopted by a vote of not less <br /> than four fifths (4 /5ths) of all members of the governing body of <br /> the party seeking termination. The notice of termination shall <br /> be operative upon the date of receipt thereof by the non <br /> terminating party and the above mentioned five -year period shall <br /> commence running from and after said date of receipt unless a <br /> longer period shall have been specified in the notice, in which <br /> event the period specified in the notice shall govern. The <br /> effective date of termination shall be the last day of the <br /> five -year (or longer) period. <br /> 44 <br />