Notwithstanding anything in the Agreement to the contrary, the parties hereto agree that, in the event a final and non-appealable decision is rendered by a court of competent jurisdiction that the storm drainage service charge or drainage service charges contained in MSD's schedule of rates, rentals and charges levied by MSD is unlawful, unconstitutional or for any reason not legally collectable or enforceable by MSD for any reason whatsoever in regards to any property whatsoever, then, if the Board of MSD, in its sole discretion decides that the aforesaid decision impairs the feasibility of MSD to continue performance of the Agreement, the Agreement shall be null and void and all authority shall be vested with the Metro Government to the extent that authority was transferred in the Agreement, and MSD shall be released from all obligations contained in the Agreement, and MSD shall reconvey all property to the Metro Government, which was conveyed by terms of the Agreement or by leases.
(1994 Jeff. Code, § 32.052) (Jeff. Ord. 31-1986, adopted and effective 12-19-1986; Lou. Metro Am. Ord. No. 275-2007, approved 12-6-2007)
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