1996-112-RES WHEREAS, STATE OF TEXAS IS A FUNDING PARTNER WITH THE COUNTY OF LAMAR AND COP

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or warrant of attachment or any similar process is not released or bonded within 30 days after its entry; or (b) A court of competent jurisdiction finds that the PERFORMING AGENCY has failed to adhere to any laws. ordinances, rules. regulations or orders of any public authority having jurisdiction: or (c) The PERFORMING AGENCY fails to communicate with the RECEIVING AGENCY as required by the contract; or (d) The PERFORMING AGENCY breaches a standard of confidentiality with respect to the services provided under this contract; or (e) The RECEIVING AGENCY makes a written determination that the PERFORMING AGENCY has failed to substantially perform under this agreement, which determination specifies the events resulting in the state's determination that the PERFORMING AGENCY has failed to substantially perform under this agreement; or (f) Either party makes a written determination that ct,e other party has conunitted a material breach of any term(s) of this contract; or (g) The RECEIVING AGENCY determines that the PERFORMING AGENCY is without the personnel or resources to perform under the contract; or (11) 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, readjusonent 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 (i) 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 0) The PERFORMING AGENCY fails to comply with any of the terms, conditions or provisions of the agreement, in any manner whatsoever. Written notice will be provided at least 30 days prior to the intended date of termination unless an emergency exists. 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 a 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 settlemcntofthe respective :!Ccrued 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 27. P....nnnpl All personnel funded by Attacbment(s) to this contract are employees of PERFORMING AGENCY which will be responsible for their direction and control and liable for any of their acts or omissions. PERFORMING AGENCY will have in place legally sufficient Due Process Hearing Procedures for all of its employees filling state budgeted positions. (UlS) 1997 GENERAL PROVISIONS - Page 13 (5/96)