1997-120-RES WHEREAS, STATE OF TEXAS IS A FUNDING PARTNER WITH THE COUNTY OF LAMAR AND COP

Home Browse Search

(6) RECEIVING AGENCY makes a written determination that PERFORMING AGENCY has committed a material breach of any term(s) of this contract; or (7) The RECEIVING AGENCY determines that the PERFORMING AGENCY is without the personnel or resources to perform under the contract: or (8) A receiver, conservator, liquidator, or trustee of the PERFORMING AGENCY, or any of its property is appointed by order or decree of any court or agency or supervisory authority having jurisdiction; or an order for relief is entered against the PERFORMING AGENCY under the Federal Bankruptcy Code; or the PERFORMING AGENCY is adjudicated bankrupt or insolvent; or any portion of the property of the PERFORMING AGENCY is sequestered by court order and the order remains in effect for more than 30 days after such party obtains knowledge thereof; or a petition is filed against the PERFORMING AGENCY under any state, reorganization, arrangement, insolvency. readjustment of debt. dissolution, liquidation, or receivership law of any jurisdiction, whether now or hereafter in effect, and such petition is not dismissed within 30 days; or (9) Termination for failure of funding. This contract may be terminated in the event state andlor federal funding for this contract is terminated, limited, suspended. or withdrawn; or (10) The PERFORMING AGENCY files a case under the Federal Bankruptcy Code or is seeking relief under any provision of any bankruptcy, reorganization, arrangement. insolvency, readjustment of debt, dissolution, receivership or liquidation law of any jurisdiction, whether now or hereafter in effect, or consents to the filing of any case or petition against it under any such law; or (11) The PERFORMING AGENCY fails to comply with any of the terms. conditions or provisions of the contract, in any manner whatsoever. D. Termination for Cause by PERFORMING AGENCY. If the RECEIVING AGENCY is in breach of this contract or fails to make payments as required by the contract, the PERFORMING AGENCY may terminate the contract. E. Termination without Cause. This contract and any Attachment hereto may be terminated by either party without cause provided ninety (90) days written notice is provided to the other party. Written notice will be provided by the terminating party at least 30 days prior to the intended date of termination unless an emergency exists or stated otherwise. If either party gives notice of its intent to terminate all or a part of this contract. RECEIVING AGENCY and PERFORMING AGENCY will try to resolve any issues related to the anticipated termination in good faith during the notice period. Upon termination of all or part of this contract, RECEIVING AGENCY and PERFORMING AGENCY will be discharged from any further obligation created under the applicable terms of this contract except for the equitable settlement of the respective accrued interests or obligations incurred prior to termination. Termination does not. however. constitute a waiver of any remedies for breach of this contract. In addition. the obligations of the PERFORMING AGENCY to retain records and maintain confidentiality of information shall survive this contract. ARTICLE 28. Personnel All personnel funded by Attachment(s) to this contract are employees of PERFORMING AGENCY which will be responsible for their direction and ,~ontrol and liable for any of their acts or omissions. (LHS) 1998 GENERAL PROVISIONS - Page 17 (8/97)