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<br /> 28. 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 In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way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 /> 29. 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 /> 30. TERMINATION FOR CONVENIENCE
<br /> Notwithstanding any provisions of this contract, the Contractor may terminate this contract by providing
<br /> written notice of such termination to the County's Key Personnel identified in the contract, specifying
<br /> 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 to the Contractor. Upon notice of termination for
<br /> convenience, the County reserves the right to suspend all or part of the contract, withhold further
<br /> payments, or prohibit the Contractor from incurring additional obligations of funds. In the event of
<br /> termination, the Contractor shall be liable for all damages as authorized by law. The rights and
<br /> 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 /> 31. TERMINATION PROCEDURES
<br /> In addition to the procedures set forth below, if the County terminates this contract, the Contractor shall
<br /> follow any procedures specified in the termination notice. Upon termination of this contract and in
<br /> addition to any other rights provided in this contract, the County may require the Contractor to deliver to
<br /> E11-093 SHSP-2010 Page 12jfi6 City of Everett
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