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2009/04/15 Council Agenda Packet
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2009/04/15 Council Agenda Packet
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Council Agenda Packet
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4/15/2009
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26. ATTORNEY'S FEES <br /> In the event of litigation or other action brought to enforce contract terms, or alternative dispute <br /> resolution process, each party agrees to bear its own attorney's fees and costs. <br /> 27. LOSS OR REDUCTION OF FUNDING <br /> In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way <br /> after the effective date of this contract and prior to normal completion, the County may reduce its scope <br /> of work and budget or unilaterally terminate all or part of the contract as a "Termination for Cause", <br /> without providing the Contractor an opportunity to cure. Alternatively, the parties may renegotiate the <br /> terms of this contract under "Contract Modifications" to comply with new funding limitations and <br /> conditions, although the County has no obligation to do so. <br /> 28. TERMINATION OR SUSPENSION FOR CAUSE <br /> In the event the County, in its sole discretion, determines the Contractor has failed to fulfill in a timely <br /> and proper manner its obligations under this contract, is in an unsound financial condition so as to <br /> endanger performance hereunder, is in violation of any laws or regulations that render the Contractor <br /> unable to perform any aspect of the contract, or has violated any of the covenants, agreements or <br /> stipulations of this contract, the County has the right to immediately suspend or terminate this contract <br /> in whole or in part. <br /> The County may notify the Contractor in writing of the need to take corrective action and provide a <br /> period of time in which to cure. The County is not required to allow the Contractor an opportunity to <br /> cure if it is not feasible as determined solely within the County's discretion. Any time allowed for cure <br /> shall not diminish or eliminate the Contractor's liability for damages or otherwise affect any other <br /> remedies available to the County. If the County allows the Contractor an opportunity to cure, the <br /> County shall notify the Contractor in writing of the need to take corrective action. If the corrective action <br /> is not taken within ten (10) calendar days or as otherwise specified by the County, or if such corrective <br /> action is deemed by the County to be insufficient, the contract may be terminated in whole or in part. <br /> The County reserves the right to suspend all or part of the contract, withhold further payments, or <br /> prohibit the Contractor from incurring additional obligations of funds during investigation of the alleged <br /> compliance breach, pending corrective action by the Contractor, if allowed, or pending a decision by the <br /> County to terminate the contract in whole or in part. <br /> In the event of termination, the Contractor shall be liable for all damages as authorized by law, including <br /> but not limited to, any cost difference between the original contract and the replacement or cover <br /> contract and all administrative costs directly related to the replacement contract, e.g., cost of <br /> administering the competitive solicitation process, mailing, advertising and other associated staff time. <br /> The rights and remedies of the County provided for in this section shall not be exclusive and are in <br /> addition to any other rights and remedies provided by law. <br /> If it is determined that the Contractor: (1) was not in default or material breach, or (2) failure to perform <br /> was outside of the Contractor's control, fault or negligence, the termination shall be deemed to be a <br /> "Termination for Convenience". <br /> 29. TERMINATION FOR CONVENIENCE <br /> Notwithstanding any other provisions of this contract, the Contractor may terminate this contract by <br /> providing 'written notice of such termination to the County's Key Personnel identified in the contract, <br /> specifying the effective date thereof, at least thirty (30) days prior to such date. <br /> Except as otherwise provided in this contract, the County, in its sole discretion and in the best interests <br /> of the County, may terminate this contract in whole or in part by providing ten (10) calendar days written <br /> notice, beginning on the second day after mailing of the notice to the Contractor. Upon notice of <br /> termination for convenience, the County reserves the right to suspend all or part of the contract, <br /> withhold further payments, or prohibit the Contractor from incurring additional obligations of funds. In <br /> the event of termination, the Contractor shall be liable for all damages as authorized by law. The rights <br /> and remedies of the County provided for in this section shall not be exclusive and are in addition to any <br /> other rights and remedies provided by law. <br /> �C3 <br /> Page 12 of 18 <br />
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