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<br />e <br /> <br />e <br /> <br />will remain the property of the City. All data prepared under this agreement shall be. <br /> <br />made available to the State without restriction or limitation on their further use. <br /> <br />5. TERMINATION <br /> <br />A. This agreement may be terminated by any of the following conditions: <br /> <br />(1) By mutual written agreement and consent of both parties. <br /> <br />(2) By the State upon determination that use ofthe State's right-of-way <br /> <br />is not feasible or is not in the best interest of the State and the <br /> <br />traveling public. <br /> <br />. (3) By either party, upon the failure of the other party to fulfill the <br /> <br />obligations as set forth herein. <br /> <br />(4) By satisfactory completion of all services and obligations as set <br /> <br />forth herein. <br /> <br />B. The termination of this agreement shall extinguish all rights, duties, obligations <br /> <br />and liabilities of the State and City under this agreement. If the potential terminatiQn of <br /> <br />. , <br />this.agreement is due to. the failure of the City to fulfill its contractual obligations as set <br />, <br /> <br />forth herein, the State will notify the City that possible breach of contract has occurred. <br /> <br />The City must remedy the breach as outlined by the State within ten (10) days from <br /> <br />receipt of the State's notification. In the event the City does not remedy the breach to the <br /> <br />satisfaction of the State, the City shall be liable to the State for the costs of remedying the <br /> <br />breach and any additional costs occasioned by the State. <br /> <br />6. DISPUTES <br /> <br />Should disputes arise as to the parties' responsibilities or additional work under this <br /> <br />agreement, the State's decision shall be final and binding. <br /> <br />CLOSURE <br />(Incorporated) <br /> <br />40f8 <br /> <br />7-00 <br />