Laserfiche WebLink
<br />. . <br /> <br />(d) RECEIVING AGENCY determines that the PERFORMING AGENCY is without the <br />personnel or resources to perform under the contract; <br /> <br />(e) RECEIVING AGENCY detennines that PERFORMING AGENCY, its agent or another <br />representative offered or gave a gratuity (e.g., an entertainment or gift) to an official or <br />employee of RECEIVING AGENCY for the purpose of obtaining a contract or favorable <br />treatment; <br /> <br />, <br /> <br />(f) PERFORMING AGENCY's management system does not m~et the UGMS management <br />standards; or . <br /> <br />(g) PERFORMING AGENCY appears to be financially unstable. Indicators of financia] <br />instability may include one or more of the following: <br /> <br />(i) PERFORMING AGENCY fails to make payments; <br /> <br />(ii) PERFORMING AGENCY makes an assignment for the benefit of its creditors; <br /> <br />(iii) PERFORMING AGENCY admits in writing its inability to pay its debts generally <br />as they become due; or <br /> <br />(iv) If judgment for the payment of money in excess 0[$50,000 (which is not covered <br />by insurance) is rendered by any court or governmental body against <br />PERFORMING AGENCY, and PERFORMING AGENCY does not (a) discharge <br />the judgment or (b) provide for its discharge in accordance with its tenns, or ( c) <br />procure a stay of execution within 30 days from the date of entry thereof, and <br />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 <br />thereof to be stayed during such appeal while providing such reserves therefore <br />as may be required under general accepted accounting principles. <br /> <br />C. Emergency tennination. RECEIVING AGENCY may terminate the contract immediately upon notice <br />to PERFORMING AGENCY in an emergency by any verifiable means. "Emergency" is defined in the <br />Sanctions Article. <br /> <br />Either party may deliver written notice of intent to tenninate by any verifiable method. If either party gives notice <br />of its intent to tenninate all or a part of this contract, RECEIVING AGENCY and PERFORMING AGENCY will <br />try to resolve any issues related to the anticipated tennination in good faith during the notice period. Upon <br />tennination of all or part of this contract, RECEIVING AGENCY and PERFORMING AGENCY will be <br />discharged from any further obligation created under the applicable terms of this contract except for the equitable <br />settlement of the respective accrued interests or obligations incurred prior to tennination. Tennination does not, <br />however, constitute a waiver of any remedies for breach of this contract. In addition, the obligations of the <br />PERFORMING AGENCY to retain records and maintain confidentiality of infonnation shall survive this contract. <br /> <br />. ARTICLE 30. lJreach of Contract <br /> <br />Any remedies set out in this contract are in addition to rights and remedies for breach of contract provided by law. <br /> <br />(LGS) <br /> <br />1999 GENERAL PROVISIONS Page 20 <br /> <br />4/98 <br />