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<br />PERFORMING AGENCY will perform onsite monitoring of fluoride level in treated <br />water each normal workday and maintain a permanent record of these readings for <br />periodic RECEIVING AGENCY onsite review or for submission if requested by <br />RECEIVING AGENCY. <br /> <br />PERFORMING AGENCY will submit water samples to RECEIVING AGENCY for fluoride <br />level analysis once a month or with less frequency as may be specified in writing <br />by RECEIVING AGENCY. <br /> <br />PERFORMING AGENCY will assure RECEIVING AGENCY of continuation of fluoridation <br />beyond the contract term by continuing to submit monthly water samples to <br />RECEIVING AGENCY for fluoride level analysis. <br /> <br />Funds awarded under this contract that are not utilized for a specific <br />fluoridation cost identif ied in PERFORMING AGENCY's drawings and equipment <br />component listing may be used to offset other allowable fluoridation-related <br />costs with RECEIVING AGENCY's prior written approval. <br /> <br />PERFORMING AGENCY will provide written justification to RECEIVING AGENCY if the <br />project has not cODlnenced within thirty (30) days after execution of the <br />contract. If PERFORMING AGENCY's project has not commenced within sixty (60) days <br />after execution of the contract, RECEIVING AGENCY may cancel this contract for <br />noncompliance according to the provisions of the Suspension/Termination Article. <br /> <br />Satisfactory performance of this contract will be <br />(1) adherence to the contract; (2) results of CPA or <br />timeliness, completeness, and accuracy of required <br />completion and implementation of fluoridation system. <br /> <br />measured in part by: <br />State Auditor reports; 3) <br />reports; and (4) timely <br /> <br />Notwithstanding the foregoing provisions, at any time, PERFORMING AGENCY may, in <br />its sole discretion, determine to discontinue fluoridation. If PERFORMING AGENCY <br />determines to discontinue fluoridation, its sole obligation hereunder shall be <br />to notify RECEIVING AGENCY of its decision within 30 days and make available to <br />RECEIVING AGENCY for pick-up by RECEIVING AGENCY all fluoridation equipment <br />financed hereunder. Thereafter, PERFORMING AGENCY shall have no further <br />obligations hereunder, including, no obligations to operate the fluoridation <br />equipment, perform onsite monitoring of fluoride level or submit water samples <br />for fluoride level analysis. <br /> <br />ARTICLE 2. Fundinq <br /> <br />This contract is contingent upon funding being available for the term of the <br />contract and PERFORMING AGENCY will have no right of action against RECEIVING <br />AGENCY in the event that RECEIVING AGENCY is unable to perform its obligations <br />under this contract as a result of the suspension, termination, withdrawal, or <br />failure of funding to RECEIVING AGENCY or lack of sufficient funding of RECEIVING <br />AGENCY to this contract. If funds become unavailable, provisions of the <br />Suspension/Termination Article will apply. <br /> <br />NO commitment of contract funds is permitted prior to the first day nor <br />subsequent to the last day of the term. <br /> <br />ARTICLE 3. Amenciaents <br /> <br />This contract may be amended, and such amendments will be in writing and duly <br />executed by the parties hereto. <br /> <br />ARTICLE 4. Severabilitv <br /> <br />If any provision of this contract will be construed to be illegal or invalid, <br />this will not affect the legality or validity of any of the other provisions <br />hereof. The illegal or invalid provision will be deemed stricken and deleted <br /> <br />4 <br />