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GENERAL TERMS AND CONDITIONS <br /> 1 <br /> 37. TERMINATION FOR CONVENIENCE <br /> Except as otherwise provided in this Grant DOH may, by ten (10) business days written notice, <br /> beginning on the second day after the mailing, terminate this Grant, in whole or in part. If this Grant is <br /> so terminated, DOH shall be liable only for payment required under the terms of this Grant for work <br /> satisfactorily performed and invoiced s prior to the effective date of termination. <br /> 38. TERMINATION PROCEDURES <br /> After receipt of a notice of termination, except as otherwise directed by DOH,the Grantee shall: <br /> A. Stop work under the Grant on the date, and to the extent specified, in the notice; <br /> B. Place no further orders or subgrants for materials, work, or facilities related to the Grant; <br /> C. Assign to DOH all of the rights,title, and interest of the Grantee under the orders and subgrants <br /> so terminated, in which case DOH has the right, at its discretion,to settle or pay any or all claims <br /> arising out of the termination of such orders and subgrants. Any attempt by the Grantee to settle <br /> such claims must have the prior written approval of DOH; and <br /> D. Preserve and transfer any materials, Grant deliverables and/or DOH property in the Grantee's <br /> possession as directed by DOH. <br /> Upon termination of the Grant, DOH shall pay the Grantee for any service provided by the Grantee <br /> under the Grant prior to the date of termination. DOH may withhold any amount due as DOH <br /> reasonably determines is necessary to protect DOH against potential loss or liability resulting from the <br /> termination. DOH shall pay any withheld amount to the Grantee if DOH later determines that loss or <br /> liability will not occur. <br /> The rights and remedies of DOH under this section are in addition to any other rights and remedies <br /> provided under this Grant or otherwise provided under law. <br /> 39. WAIVER <br /> Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or <br /> breach. Any waiver shall not be construed to be a modification of the terms of this Grant unless <br /> stated to be such in writing and signed by Authorized Representative of DOH. <br /> // <br /> 23 <br /> Cityof Everett <br /> DOH Grant N19726 Page 1 of 26 <br />