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1997-120-RES WHEREAS, STATE OF TEXAS IS A FUNDING PARTNER WITH THE COUNTY OF LAMAR AND COP
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1997-120-RES WHEREAS, STATE OF TEXAS IS A FUNDING PARTNER WITH THE COUNTY OF LAMAR AND COP
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8/18/2006 4:31:22 PM
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4/4/2005 4:28:58 AM
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CITY CLERK
Doc Name
1997
Doc Type
Resolution
CITY CLERK - Date
10/9/1997
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<br />. <br />, <br /> <br />PERFORMING AGENCY may request a review of the imposition of the following sanetions: termination of all or <br />part of the contract, suspension of all or part of the contract, permanent withholding of cash payments, denial of <br />contract renewal or future contract awards. and contract amendment as a result of noncompliance in accordance with <br />RECEIVING AGENCY's Administrative Policy No. XO - 0109. PERFORMING AGENCY must make the request <br />for review in writing to RECEIVING AGENCY within fifteen (15) days from the date of notification. <br /> <br />ARTICLE 27. Termination <br /> <br />In addition to other provisions herein allowing termination, this contract shall terminate upon full performance of all <br />requirements contained herein, unless extended in writing; or all or a part of this contract may be terminated prior <br />to completion of the contract term for any of the following reasons: <br /> <br />A. Termination in the Best Interest of the State. This contract may be terminated by RECEIVING AGENCY <br />at any time when, in the sole determination of RECEIVING AGENCY, termination is in the best interests <br />of the State of Texas. <br /> <br />B. Termination by Agreement. This contract may be terminated, in whole or in part, when both parties <br />mutually agree that continuation of the contract would not achieve the objectives and goals of the contract <br />and that continuation would not be mutually beneficial. <br /> <br />C. Termination for Cause. RECEIVING AGENCY reserves the right to terminate this contract, in whole or <br />in part, upon the following conditions: <br /> <br />(I) The PERFORMING AGENCY makes an assignment for the benefit of its creditors, or admits in <br />writing its inability to pay its debts generally as they become due, or eonsents to the appointment <br />of a receiver, trustee, or liquidator of the PERFORMING AGENCY or of all or any part of its <br />property; if judgment for the payment of money in excess of $50,000.00 (which is not covered by <br />insurance) is rendered by any court or governmental body against the PERFORMING AGENCY, <br />and the PERFORMING AGENCY does not discharge the judgment or provide for its discharge in <br />accordance with its terms, or procure a stay of execution thereof within 30 days from the date of <br />entry thereof, and within the 30-day period or a longer period during which execution of the <br />judgment shall have been stayed, appeal therefrom and cause the execution thereof to be stayed <br />during such appeal while providing such reserves therefore as may be required under generally <br />accepted accounting principles; or a writ or warrant of attachment or any similar process shall be <br />issued by any court against all or any material portion of the property of the PERFORMING <br />AGENCY. and such writ or warrant of attachment or any similar process is not released or bonded <br />within 30 days after its entry; or <br /> <br />(2) A court of competent jurisdiction fmds that the PERFORMING AGENCY has failed to adhere to <br />any laws, ordinances, rules, regulations or orders of any public authority having jurisdiction; or <br /> <br />(3) PERFORMING AGENCY fails to communicate with the RECEIVING AGENCY as required by <br />the contract; or <br /> <br />(4) The PERFORMING AGENCY breaches a standard of confidentiality with respect to the services <br />provided under this contract; or <br /> <br />(5) The RECEIVING AGENCY makes a written determination that the PERFORMING AGENCY has <br />failed to substantially perform under this agreement, which determination specifies the events <br />resulting in the RECEIVING AGENCY's determination that the PERFORMING AGENCY has <br />failed to substantially perform under this agreement; or <br /> <br />(LHS) <br /> <br />1998 GENERAL PROVISIONS - Page 16 <br /> <br />(8/97) <br />
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