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ARTICLE 5. Termination and Default <br />5.1 Termination by La Porte orthe County. La Porte or the County may, terminate <br />this Agreementwithout causeupon ninety (90) days prior written noticeto the other Party. <br />5.2 Notice ofDefault. <br /> 5.2.1 La Porte or the County shall be deemed in default under this Agreement if La Porte <br />or the County in any material respect fails to perform, observe or comply with any of its covenants, <br />agreements or obligations, or breaches or violates any of the representations contained in this <br />Agreement. <br /> 5.2.2 Before any failure of either La Porte or the County shall be deemed to be a breach <br />of this Agreement, the Party claiming such failure shall notify, in writing, the Party alleged to have <br />failed to perform, of the alleged failure and shall demand the Party to cure the default within ninety <br />(90) calendar days. If the allegedly failing Party has not cured the default, that Party will be in <br />default of this Agreement, unless La Porte and the County agree to extend time for cure, and the <br />Agreement may be terminated by the other Party immediately upon notice of the non-defaulting <br />Party’s intention to terminate. <br /> <br />ARTICLE 6. Term <br /> 6.1 This Agreement shall be for a term beginning upon execution by both Parties and, <br />unless terminated sooner as set forth above, and continue in full force and effect for twelve (12) <br />consecutive months. Any unexpended and unearned surplus funds provided by La Porte remaining <br />upon termination of this Agreement will be refunded to La Porte unless different arrangements are <br />made in an amendment to this Agreement or a new agreement between the Parties is executed in <br />regard to 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 derived from funds provided hereunder by La Porte. <br /> <br />ARTICLE 7. Miscellaneous <br /> 7.1 Approvals, Further Documents. Where this Agreement requires approval, <br />consent, permission, agreement or authorization by either Party, such approval, consent, <br />permission, agreement or authorization shall not be unreasonably withheld or delayed. The Parties <br />agree to execute such further documents, agreements, instruments and notices as may be necessary <br />or appropriate to effectuate the purposes of this Agreement. <br />6 <br /> <br />