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1992-101-RES WHEREAS, the Texas Department of Health has made available grant funds for the availability and/or
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1992-101-RES WHEREAS, the Texas Department of Health has made available grant funds for the availability and/or
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8/18/2006 4:33:08 PM
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CITY CLERK
Doc Name
1992
Doc Type
Resolution
CITY CLERK - Date
12/14/1992
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<br />This contract or any attachment(s) hereto may be terminated by either of the <br />par::ies hereto for noncompliance by the other party. A party intending to <br />te~inate for noncompliance by the other party will provide written notice to <br />the other party at least thirty (30) days prior to the intended date of <br />ter::li:1at.ion. Such notice will include the reasons for the termination and <br />will provide the other party an opportunity to rebut the reasons in writing. <br />A hearing may be requested on the proposed termination if such requeu~ is made <br />in writing within ten (10) days from any final notification of termination. <br />By such ::ermination, neither party may nullify obligations already incurred <br />for performance or failure to perform prior to the date of termination. Such <br />termination will not be an exclusive remedy but will be in addition to any <br />other rights and remedies provided by law or under this contract. <br /> <br />This contrsct or any attachment(s) hereto may be terminated in whole, or in <br />par::. when both parties agree that continuation would not produce results <br />commensurate with further expenditure of funds. Both parties will agree on <br />the effective date and, in the case of partial termination. the portion to be <br />terminated. RECEIVING AGENCY will immediately send PERFO~~ING AGENCY written <br />notice of the terms agreed to and such notice will become a part of the <br />contract. PERFORMING AGENCY will not incur new obligations for the terminated <br />portion after the effective date of termination and will cancel as many <br />outstanding obligations as possible. RECEIVING AGENCY will allow full credit <br />to PERFORMING AGENCY for noncancelable obligations which were properly <br />incurred prior to the termination date. <br /> <br />This contract or any attachment(s) hereto may be terminated if funds allocated <br />for any attachment (s) hereto should become reduced, depleted, or unavailable <br />during any attachment(s) budget period, and RECEIVING AGENCY is unable to <br />obtain additional funds for such purposes. RECEIVING AGENCY will immediately <br />provide written notification to PERFORMING AGENCY of such fact and such <br />attachment(s) to this contract is/are terminated upon receipt of that <br />notification. PERFORMING AGENCY will not incur new obligations after the <br />effective date of termination and will cancel as many outstanding obligations <br />as possible. RECEIVING AGENCY will allow full credit to PERFORMING AGENCY for <br />noncancelable obligations which were properly incurred prior to the <br />termination date. <br /> <br />This contract or any attachment(s) hereto may be terminated in the event that <br />federal or state laws or other requirements should be amended or judicially <br />interpreted so as to render continued fulfillment of this contract, on the <br />part of either party, unreasonable or impossible. If the parties should be <br />unable to agree upon amendment which would therefore be needed to enable the <br />substantial continuation of the services contemplated herein, then, upon <br />written notification by RECEIVING AGENCY to PERFORMING AGENCY, the parties <br />will be discharged from any further obligations created under the terms of <br />this contract. except for the equitable settlement of the respective accrued <br />interests or obligations as of the date of termination. <br /> <br />1993 GENERAL PROVISIONS - Page 11 <br /> <br />(5/92) <br />
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