RES 668 Draft 01 2006-2008 - Laserfiche WebLink

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operation and maintenance of the security camera surveillance cameras and equipment. c. Upon receipt of confirmation from the HTA that the COUNTY's plan and budget has been approved, the COUNTY will begin to implement the plan. d. The HTA shall make periodic payments to the COUNTY in the manner described in the approved budget and in this MOU; provided that the total amount shall not exceed FIVE HUNDRED THOUSAND AND NO/100 DOLLARS ($500,000.00). 5. Term The term of this MOU shall begin upon its effective date and terminate on June 30, 2009, unless otherwise extended or terminated earlier upon mutual agreement of the parties. 6. Amendment This MOU may be amended at any time upon the prior written approval of both parties. 7. Termination The COUNTY reserves the right to terminate this MOU without penalty should it be unable to obtain approval from the Hawaii County Council to: a. Accept and expend the funding provided herein; b. Accept any terms relating to indemnification; and, c. Fund ongoing maintenance and monitoring costs of the security camera surveillance system described herein. 8. Availability of Funds The COUNTY acknowledges and agrees that the HTA's ability to compensate the COUNTY under the provisions provided herein shall be subject to the legislative appropriation of funds from the Tourism Special Fund, the collection of transient accommodation tax revenues, any Governor's directive restricting the expenditure of state funds, or any unforeseen or emergency circumstance determined by the HTA Board of Directors to require the immediate reallocation of budgeted funds. Upon notice to the COUNTY that the HTA lack funds to compensate the COUNTY under this MOU and prior to any legally binding obligation incurred by COUNTY to purchase any security camera surveillance system, this MOU shall automatically terminate without any recourse or claim for any damages by the COUNTY. [SIGNATURE PAGE FOLLOWS]