Common use of Termination by District Clause in Contracts

Termination by District. CITY acknowledges that the primary purpose of the PREMISES is for flood control purposes. CITY agrees that DISTRICT may terminate this AGREEMENT at any time, without liability, if DISTRICT determines in its sole and absolute discretion that PREMISES are needed to reconstruct, modify, repair, expand, improve or enlarge DISTRICT’s facilities and the RECREATION IMPROVEMENTS cannot be relocated so as not to interfere with DISTRICT’s reconstructed, modified, repaired, expanded, improved or enlarged facilities. If RECREATION IMPROVEMENTS can be relocated without interfering with DISTRICT’s reconstructed, modified, repaired, expanded, improved or enlarged facilities, CITY may relocate the RECREATION IMPROVEMENTS to a location approved in advance in writing by DISTRICT within ninety (90) days of being notified by DISTRICT that such relocation is necessary. CITY shall be solely responsible for all costs and expenses related to or arising from relocating the RECREATION IMPROVEMENTS, including but not limited to, the rerouting of any pedestrian/bikeway and/or trail caused by the relocation of the RECREATION IMPROVEMENTS. DISTRICT shall notify CITY of its intention to terminate the AGREEMENT pursuant to this section by giving CITY ninety (90) days written notice.

Termination by District. CITY acknowledges that the primary purpose of the PREMISES is for flood control purposes. CITY agrees that DISTRICT may terminate this AGREEMENT at any time, without liability, liability if DISTRICT determines in its sole and absolute discretion that PREMISES are needed to reconstruct, modify, repair, expand, improve or enlarge DISTRICT’s facilities and the RECREATION IMPROVEMENTS cannot be relocated so as not to interfere with DISTRICT’s reconstructed, modified, repaired, expanded, improved or enlarged facilities. If RECREATION IMPROVEMENTS can be relocated without interfering with DISTRICT’s reconstructed, modified, repaired, expanded, improved or enlarged facilities, CITY may relocate the RECREATION IMPROVEMENTS to a location approved in advance in writing by DISTRICT within ninety (90) days of being notified by DISTRICT that such relocation is necessaryDISTRICT. CITY shall be solely responsible for all costs and expenses related to or arising from relocating the RECREATION IMPROVEMENTS, including but not limited to, the rerouting of any pedestrian/bikeway and/or trail caused by the relocation of the RECREATION IMPROVEMENTS. DISTRICT shall notify CITY of its intention to terminate the AGREEMENT pursuant to this section by giving CITY ninety (90) days written notice.