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<br />representative of RECEIVING AGENCY relating to this contract shall be considered a waiver of <br />sovereign immunity to suit. <br /> <br />Neither the occurrence of an event nor the pendency of a claim constitute grounds for the suspension of <br />performance by PERFORMING AGENCY, in whole or in part. <br /> <br />ARTICLE 27. Termination <br /> <br />Each Attachment shall terminate upon its expiration date unless extended by written amendment in accordance <br />with the Amendments Article. Prior to completion of the Attachment term, all or a part of this contract may be <br />terminated with or without cause as set out below. <br /> <br />A. Termination is the permanent withdrawal of PERFORMING AGENCY'S authority to obligate <br />previously awarded funds before that authority would otherwise expire or the voluntary <br />relinquishment by PERFORMING AGENCY of the authority to obligate previously awarded funds. <br />PERFORMING AGENCY costs resulting from obligations incurred by PERFORMING AGENCY <br />after termination of an award are not allowable unless expressly authorized by the notice of <br />termination. Termination does not include: (1) withdrawal of funds awarded on the basis of the <br />PERFORMING AGENCY'S underestimate of the unobligated balance in a prior period; (2) <br />withdrawal of the unobligated balance as of the expiration of an Attachment; (3) refusal to extend an <br />Attachment or award additional funds, to make a competing or noncompeting continuation, renewal, <br />extension, or supplemental award; or (4) voiding of a contract upon determination that the award was <br />obtained fraudulently, or was otherwise illegal or invalid from inception. <br /> <br />B. Termination without cause. <br /> <br />(1) Either party may terminate this contract with at least ninety (90) days prior written notice to <br />the other party. <br />(2) The parties may terminate this contract by mutual agreement. <br />(3) Either party may terminate this contract with at least thirty (30) days prior written notice to the <br />other party in the event state and/or federal funding for this contract is terminated, limited, <br />suspended, withdrawn, or discontinued. <br />(4) RECEIVING AGENCY may terminate this contract when, in the sole determination of <br />RECEIVING AGENCY, termination is in the best interest of the State of Texas. <br /> <br />C. Termination for cause. <br /> <br />(1) Either party may terminate for material breach of this contract with at least thirty (30) days <br />written notice to the other party. <br />(2) RECEIVING AGENCY may terminate this contract, in whole or in part, for breach of contract <br />or for any other conduct that jeopardizes the contract objectives, by giving at least thirty (30) <br />days written notice to PERFORMING AGENCY. Such' conduct may include one or more of <br />the following: <br /> <br />(a) A court of competent jurisdiction fmds that PERFORMING AGENCY has failed to <br />adhere to any laws, ordinances, rules, regulations or orders of any public authority <br />having jurisdiction; <br />(b) PERFORMING AGENCY fails to communicate with RECEIVING AGENCY or fails <br />to allow its employees or those of its subrecipients to communicate with RECEIVING <br />AGENCY as necessary to the performance of this contract; <br />(c) PERFORMING AGENCY breaches a standard of confidentiality with respect to the <br />services provided under this contract; <br /> <br />(Fee-for-Service) <br /> <br />GENERAL PROVISIONS 612004 <br /> <br />Page 18 <br />