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City of Everett 27 Street Medicine Team Pilot Program <br />Subcontract of HCA Contract #K7759 <br /> <br />4.39 TERMINATION <br /> <br />4.39.1 Termination for Default <br /> <br />In the event the City determines that Conquer has failed to comply with the terms <br />and conditions of this Contract, the City has the right to suspend or terminate this <br />Contract. the City will notify Conquer in writing of the need to take corrective <br />action. If corrective action is not taken within five (5) Business Days, or other time <br />period agreed to in writing by both parties, the Contract may be terminated. The <br />City reserves the right to suspend all or part of the Contract, withhold further <br />payments, or prohibit Conquer from incurring additional obligations of funds <br />during investigation of the alleged compliance breach and pending corrective <br />action by Conquer or a decision by the City to terminate the Contract. <br /> <br />In the event of termination for default, Conquer will be liable for damages as <br />authorized by law including, but not limited to, any cost difference between the <br />original Contract and the replacement or cover Contract and all administrative <br />costs directly related to the replacement Contract, e.g., cost of the competitive <br />bidding, mailing, advertising, and staff time. <br /> <br />If it is determined that Conquer: (i) was not in default, or (ii) its failure to perform <br />was outside of its control, fault or negligence, the termination will be deemed a <br /> <br />4.39.2 Termination for Convenience <br /> <br />When, at the City sole discretion, it is in the best interest of the City, the City may <br />written notice. If this Contract is so terminated, the City will be liable only for <br />payment in accordance with the terms of this Contract for services rendered prior <br />to the effective date of termination. No penalty will accrue to the City in the event <br />the termination option in this section is exercised. <br />4.39.3 Termination for Nonallocation of Funds <br /> <br />If funds are not allocated to continue this Contract in any future period, HCA may <br />immediately terminate this Contract by providing written notice to Conquer. The <br />termination will be effective on the date specified in the termination notice. <br />HCA will be liable only for payment in accordance with the terms of this Contract <br />for services rendered prior to the effective date of termination. HCA agrees to <br />notify Conquer of such nonallocation at the earliest possible time. No penalty will <br />accrue to HCA in the event the termination option in this section is exercised. <br />4.39.4 Termination for Withdrawal of Authority <br /> <br />In the event that the authority of the City to perform any of its duties is withdrawn, <br />reduced, or limited in any way after the commencement of this Contract and prior