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<br />. <br /> <br />. <br /> <br />. <br /> <br />6. <br /> <br />TERM AND CANCELLATION <br /> <br />6.1 Tenn of AQ:reement <br />This Agreement shall be for an initial term beginning on the date following execution by both parties and <br />continuing through December 31,2016 ("Initial Term"). After the Initial Term, this Agreement will <br />automatically be extended for additional one (1) year tenns, up to a maximum often (10) renewals, <br />subject to the rights of the parties to cancel this Agreement under Sections 6.2-6.4. <br /> <br />6.2 Cancellation of AQ:reement by COUNTY <br />Except as otherwise provided in Section 6.4, this Agreement may not be canceled by COUNTY during <br />the Initial Term. Thereafter, this Agreement may be canceled by COUNTY for lack of funding to operate <br />the Subsystem, taking the Subsystem out of service, and other material causes not attributable to <br />SUBSCRIBER, upon three hundred and sixty five (365) days' written notice to SUBSCRIBER, provided <br />that any such cancellation by COUNTY shall require action by the Board of Ramsey County <br />Commissioners. <br /> <br />6.3 Cancellation of AQ:reement bv SUBSCRIBER <br />This Agreement may be canceled by SUBSCRIBER at any time with or without cause upon thirty (30) <br />days' written notice to COUNTY, provided that any such cancellation by SUBSCRIBER shall require <br />action by SUBSCRIBER'S governing body. <br /> <br />6.4 Cancellation of AQ:reement for Default <br />If either party fails to perform any material tenn of this Agreement, it shall constitute a default. Unless <br />SUBSCRIBER'S default is excused by COUNTY, COUNTY may, upon written notice, immediately <br />cancel this Agreement in its entirety. Default by SUBSCRIBER shall include, but is not limited to, <br />continued misuse of the Subsystem, breach of Subsystem data security, and failure to pay in accordance <br />with the provisions of this Agreement. Unless COUNTY'S default is excused by SUBSCRIBER, <br />SUBSCRIBER may, upon thirty (30) days' written notice, cancel this Agreement in its entirety. <br /> <br />Notwithstanding any provision of this Agreement to the contrary, the defaulting party shall not be <br />relieved of liability to the other party for damages sustained by the non-defaulting party by virtue of any <br />breach of this Agreement by the defaulting party. <br /> <br />The above remedies shall be in addition to any other right or remedy available under law, statute, rule, <br />and/or equity. <br /> <br />The failure to insist upon strict performance of any provision or to exercise any right under this <br />Agreement shall not be deemed a relinquishment or waiver of the same, unless consented to in writing. <br />Such consent shall not constitute a general waiver or relinquishment throughout the entire term of the <br />Agreement. <br /> <br />6.5 Actions Upon Termination or Cancellation <br />Upon expiration or cancellation of this Agreement, SUBSCRIBER shall cease all use of the Subsystem <br />including using the Subsystem with radios owned by SUBSCRIBER and SUBSCRIBER shall delete <br />Code Plugs and encryption key infonnation from the radio memory as necessary to protect private data <br />and prevent unauthorized access to the Subsystem infonnation. <br /> <br />7. MERGER AND MODIFICA nON <br /> <br />7.1 <br /> <br />Entire Agreement <br /> <br />800 MHz Subsystem Subscriber Agreement - City of New Brighton <br /> <br />8 of ii <br />