Termination Requirements. This Agreement may only be terminated by consent of all Equity Members, and upon full and complete liquidation of all liabilities, including, but not limited to, the Revenue Bonds. Upon the date of termination (hereinafter “Termination Date”), payment of any and all obligations and division of any and all assets of the SBWMA shall be conducted subject to the then-applicable requirements of the law (currently California Government Code §6511 et seq.), pursuant to the following: a. In the event of termination of the SBWMA where there is a successor public entity that will conduct all of the activities of the SBWMA and will assume all of its obligations, any and all SBWMA assets and liabilities remaining upon termination of the SBWMA shall be transferred to the successor public agency. b. If there is no successor public agency that would conduct the SBWMA's activities, all assets and liabilities shall be apportioned to each Member in proportion to the contribution of each current Member's ratepayers’ total contribution during the Term of this Agreement. A reference to ratepayers' contribution means payment of Collection fees under each Member’s respective Uniform Franchise Agreement. c. If there is a successor public agency that would conduct some of the SBWMA's activities, then the Board shall allocate the SBWMA's assets and liabilities between the successor public agency and the Members. In this case, the Members’ portion of the allocation shall be allocated based on Section 16.1(b). d. In the event the SBWMA is terminated under circumstances falling within (b) or (c) above, all decisions of the Board with regard to determinations of amounts to be transferred to the Members or any successor shall be final. e. The obligations of the SBWMA terminate on the Termination Date, and each Member shall pay all amounts owed to the SBWMA prior to that date. In the event of default by a Member with regard to payment of amounts due, the obligation to pay all sums due to the SBWMA shall survive and remain in full force after the Termination Date. f. By unanimous agreement of Equity Members, Equity Members may dispose of, divide, distribute, or return assets on a basis different from that established in this Section 16.1.
Appears in 2 contracts
Sources: Joint Exercise of Powers Agreement, Joint Exercise of Powers Agreement
Termination Requirements. This Agreement may only be terminated by consent of all Equity Members, and upon full and complete liquidation of all liabilities, including, but not limited to, the Revenue Bonds. Upon the date of termination (hereinafter “Termination Date”), payment of any and all obligations and division of any and all assets of the SBWMA shall be conducted subject to the then-applicable requirements of the law (currently California Government Code §6511 et seq.), pursuant to the following:
a. In the event of termination of the SBWMA where there is a successor public entity that will conduct all of the activities of the SBWMA and will assume all of its obligations, any and all SBWMA assets and liabilities remaining upon termination of the SBWMA shall be transferred to the successor public agency.
b. If there is no successor public agency that would conduct the SBWMA's ’s activities, all assets and liabilities shall be apportioned to each Member in proportion to the contribution of each current Member's ’s ratepayers’ total contribution during the Term of this Agreement. A reference to ratepayers' ’ contribution means payment of Collection fees under each Memberjurisdiction’s respective Uniform Franchise Agreement.
c. If there is a successor public agency that would conduct some of the SBWMA's ’s activities, then the Board shall allocate the SBWMA's ’s assets and liabilities between the successor public agency and the Members. In this case, the Members’ portion of the allocation shall be allocated based on Section 16.1(b).
d. In the event the SBWMA is terminated under circumstances falling within (b) or (c) above, all decisions of the Board with regard to determinations of amounts to be transferred to the Members or any successor shall be final.
e. The obligations of the SBWMA terminate on the Termination Date, and each Member shall pay all amounts owed to the SBWMA prior to that date. In the event of default by a Member with regard to payment of amounts due, the obligation to pay all sums due to the SBWMA shall survive and remain in full force after the Termination Date.
f. By unanimous agreement of Equity Members, Equity Members may dispose of, divide, distribute, or return assets on a basis different from that established in this Section 16.1.
Appears in 2 contracts
Sources: Joint Exercise of Powers Agreement, Joint Exercise of Powers Agreement
Termination Requirements. This Agreement may only be terminated by consent of all Equity Members, and upon full and complete liquidation of all liabilities, including, but not limited to, the Revenue Bonds. Upon the date of termination (hereinafter “Termination Date”), payment of any and all obligations and division of any and all assets of the SBWMA shall be conducted subject to the then-then- applicable requirements of the law (currently California Government Code §6511 et seq.), pursuant to the following:
a. In the event of termination of the SBWMA where there is a successor public entity that will conduct all of the activities of the SBWMA and will assume all of its obligations, any and all SBWMA assets and liabilities remaining upon termination of the SBWMA shall be transferred to the successor public agency.
b. If there is no successor public agency that would conduct the SBWMA's ’s activities, all assets and liabilities shall be apportioned to each Member in proportion to the contribution of each current Member's ’s ratepayers’ total contribution during the Term of this Agreement. A reference to ratepayers' ’ contribution means payment of Collection fees under each Memberjurisdiction’s respective Uniform Franchise Agreement.
c. If there is a successor public agency that would conduct some of the SBWMA's ’s activities, then the Board shall allocate the SBWMA's ’s assets and liabilities between the successor public agency and the Members. In this case, the Members’ portion of the allocation shall be allocated based on Section 16.1(b).
d. In the event the SBWMA is terminated under circumstances falling within (b) or (c) above, all decisions of the Board with regard to determinations of amounts to be transferred to the Members or any successor shall be final.
e. The obligations of the SBWMA terminate on the Termination Date, and each Member shall pay all amounts owed to the SBWMA prior to that date. In the event of default by a Member with regard to payment of amounts due, the obligation to pay all sums due to the SBWMA shall survive and remain in full force after the Termination Date.
f. By unanimous agreement of Equity Members, Equity Members may dispose of, divide, distribute, or return assets on a basis different from that established in this Section 16.1.
Appears in 1 contract
Sources: Joint Exercise of Powers Agreement
Termination Requirements. This Agreement may only be terminated by consent of all Equity Members, and upon full and complete liquidation of all liabilities, including, but not limited to, the Revenue Bonds. Upon the date of termination (hereinafter “Termination Date”), payment of any and all obligations and division of any and all assets of the SBWMA shall be conducted subject to the then-applicable requirements of the law (currently California Government Code §6511 et seq.), pursuant to the following:
a. In the event of termination of the SBWMA where there is a successor public entity that will conduct all of the activities of the SBWMA and will assume all of its obligations, any and all SBWMA assets and liabilities remaining upon termination of the SBWMA shall be transferred to the successor public agency.
b. If there is no successor public agency that would conduct the SBWMA's activities, all assets and liabilities shall be apportioned to each Member in proportion to the contribution of each current Member's ratepayers’ total contribution during the Term of this Agreement. A reference to ratepayers' contribution means payment of Collection fees under each Memberjurisdiction's M ember’s respective Uniform Franchise Agreement.
c. If there is a successor public agency that would conduct some of the SBWMA's activities, then the Board shall allocate the SBWMA's assets and liabilities between the successor public agency and the Members. In this case, the Members’ portion of the allocation shall be allocated based on Section 16.1(b).
d. In the event the SBWMA is terminated under circumstances falling within (b) or (c) above, all decisions of the Board with regard to determinations of amounts to be transferred to the Members or any successor shall be final.
e. The obligations of the SBWMA terminate on the Termination Date, and each Member shall pay all amounts owed to the SBWMA prior to that date. In the event of default by a Member with regard to payment of amounts due, the obligation to pay all sums due to the SBWMA shall survive and remain in full force after the Termination Date.
f. By unanimous agreement of Equity Members, Equity Members may dispose of, divide, distribute, or return assets on a basis different from that established in this Section 16.1.
Appears in 1 contract
Sources: Joint Exercise of Powers Agreement