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<br />5.2 Notice of Default. La Porte or the County shall be deemed in default under <br />this Agreement if La Porte or the County in any material respect fails to perform, <br />observe or comply with any of its covenants, agreements or obligation, or breaches or <br />violates any of its representations contained in this Agreement. <br />Before anYlc:lilure of~itl1er1~ PgIte oIJheQQunty-~Il~IIQ~_d~~l1ledtQbggbrE:tach. <br />of this Agreement, the party claiming such failure shall notify, in writing, the party <br />alleged to have failed to perform, of the alleged failure and shall demand the party cure <br />the default within ninety (90) calendar days. If the allegedly failing party has not cured <br />the default, that party will be in default of this Agreement, unless La Porte and the <br />County agree to extend time for cure, and the Agreement may be terminated by the <br />other party immediately upon notice of the non-defaulting Party's intention to terminate. <br /> <br />ARTICLE 6 <br />Term <br />Unless terminated sooner as set forth above, the term of this Agreement shall be <br />one year from the date this Agreement is executed. Any unexpended and unearned <br />surplus from funds provided by La Porte remaining in the account upon termination of <br />this Agreement will be refunded to La Porte unless different arrangements are made in <br />an amendment to this Agreement or a new agreement between the parties in regard to <br />the Fixed Route Bus Service. The County is under no obligation to invest or to account <br />for or pay to La Porte any earnings upon funds provided hereunder by La Porte. <br /> <br />ARTICLE 7 <br />Miscellaneous <br />7.1 Approvals, Further Documents. Where this Agreement requires <br />approval, consent, permission, agreement or authorization by either party, such <br />approval, consent, permission, agreement or authorization shall not be unreasonably <br />withheld nor delayed. The parties agree to execute such further documents, <br /> <br />6 <br /> <br />10/4/2010 <br />