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2014-12-10 CC Packet
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2014-12-10 CC Packet
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ARTICLE VII <br /> Withdrawal and Termination <br /> 7.1 Withdrawal. <br /> A Member may withdraw from ACFPC effective January 1 of any year, subsequent to the <br /> Effective Date,by providing a minimum of one(1)year's written notice to the Chair of ACFPC. <br /> In the event of withdrawal by any Member,this Agreement shall remain in full force and effect <br /> as to all remaining Members and the cost-share model attached as Exhibit B shall be amended. <br /> 7.2 Termination of the Agreement. <br /> This Agreement shall terminate upon the occurrence of any one of the following events: <br /> (1) When any Member withdraws pursuant to this Article, so that in the judgment of <br /> the remaining Members, as evidenced by a vote of both the Fire Chief Directors <br /> and the Elected Official Directors, it becomes impractical or impossible to <br /> continue. <br /> (2) When necessitated by operation of law, or as a result of a decision by a court of <br /> competent jurisdiction; <br /> (3) When the Members agree,by resolution of both the Fire Chief Directors and the <br /> Elected Official Directors, to terminate the Agreement; <br /> 7.3 Expulsion of a Member. <br /> If a Member fails to perform any material obligation as required by this Agreement, the <br /> Bylaws, or applicable law,then ACFPC may,upon sixty(60) days' written notice and continued <br /> nonperformance, expel such non-performing Member. <br /> 7.4 Effect of Termination or Withdrawal. <br /> Termination, withdrawal, or expulsion shall not discharge any liability incurred by any of the <br /> Members prior to the date of termination, withdrawal, or expulsion. Termination, withdrawal, or <br /> expulsion of a Member shall not act to discharge any liability incurred or chargeable to said <br /> Member prior to the date of said Member's termination, withdrawal, or expulsion. Liability shall <br /> continue until appropriately discharged by law or mutual agreement. If a Member withdraws or <br /> is expelled, its contributions of real property,personal property,and/or liquid assets shall be <br /> forfeited to ACFPC for its continued use. <br /> 7.5 Distribution of Assets upon Termination. <br /> Upon termination of this Agreement, any and all real and personal assets shall be sold, and, after <br /> payment of all liabilities, surplus monies returned to the Members in proportion to their <br /> contributions, to be used for public purposes. <br /> 7 <br /> 57 <br />
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