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8 <br /> f a <br /> 8 <br /> B. Termination for Lack of Funding: <br /> 1. The County may terminate any Contract, in whole or in part, upon five (5) <br /> business days' written notice in the event expected or actual funding from a <br /> state, federal, or other source is withdrawn, reduced, or limited in any way prior <br /> to Contract expiration. The termination shall be effective on the date specified in <br /> the notice of termination. <br /> 2. In the event of termination under this clause, the County shall be liable only for <br /> payment in accordance with the terms of the Contract for services rendered prior <br /> to the effective date of termination. The County may pay an amount mutually <br /> agreed by the parties for partially completed work and services, if work products <br /> are useful to or usable by the County. <br /> C. Suspension or Termination for Lack of Performance: <br /> 1. In the event the County determines the Agency has failed to meet or maintain <br /> any requirement for contracting with the County, to comply with the terms or <br /> conditions of this Agreement or any Contract in a timely manner, or has <br /> otherwise breached any provision or condition of this Agreement or any Contract, <br /> the County has the right to suspend or terminate any Contract upon a 24-hour <br /> prior written notice. <br /> 2. The County may suspend all or any part of any Contract, and withhold further <br /> payments or prohibit the Agency from incurring additional obligations thereunder, <br /> during investigation of suspected noncompliance. The County may also take <br /> these actions pending corrective action by the Agency or pending a decision by <br /> the County to terminate any Contract. <br /> 3. Before the County may terminate any Contract for lack of performance, the <br /> County shall provide the Agency with written notice of the Agency's <br /> noncompliance and provide the Agency a reasonable opportunity to correct the <br /> Agency's noncompliance. If the Agency does not correct the Agency's <br /> noncompliance within the period of time specified in the written notice of <br /> noncompliance, the County may then terminate the Contract. The County may <br /> terminate the Contract for lack of performance without such written notice and <br /> without opportunity for correction if the County has a reasonable basis to believe <br /> that a client's health or safety is in jeopardy. <br /> 4. The rights and remedies of the County provided in this Agreement are not <br /> exclusive and are in addition to any other rights and remedies provided by law. <br /> D. Suspension or Termination for Fraud, Abuse, Violation of Law <br /> The County reserves the right to suspend or terminate all or part of any Contract, to <br /> withhold further payments, or to prohibit the Agency from incurring additional <br /> obligations of funds, if the County has reason to believe that fraud, abuse, or <br /> violation of law has occurred on the part of the Agency in the performance of any <br /> Contract. <br /> _!cTerms nd <br /> City of Everett <br /> HSD-2015-i 01-193 <br /> Pone 20 of 31 <br /> 60 <br />