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<br /> <br /> <br /> <br /> <br /> <br /> <br /> 14. Termination. This Contract may be terminated by mutual agreement of both parties. Either <br /> party may terminate this Contract by giving 30 day's written notice of its intent to terminate. <br /> Written notice may be sent by any method, which provides verification of receipt, and the 30 <br /> days will be calculated from the date of receipt. This Contract may be terminated for cause by <br /> either party for breach or failure to perform an essential requirement of the Contract. <br /> <br /> Performing Agency reserves the right to limit or cancel access under this Contract should <br /> Performing Agency determine that is has insufficient capacity in its computer system to maintain <br /> current levels of transactions by Receiving Agency and/or that continued access by Receiving <br /> Agency is detrimental to the overall efficiency and operation of Performing Agency's computer <br /> systems. Any such limitation or termination of services will be upon written notice to Receiving <br /> Agency by Performing Agency. <br /> <br /> Upon termination of all or part of this Contract, Department and Receiving Agency will be <br /> discharged from any further obligation created under the applicable terms of this Contract except <br /> for the equitable settlement of the respective accrued interests or obligations incurred prior to <br /> termination. <br /> <br /> 15. Terms & Conditions. <br /> <br /> A. Federal and State Laws, Rules and Ordinances. Parties shall comply with all applicable <br /> federal and state statutes, rules and regulations. <br /> <br /> B. Applicable Contracts Law and Venue for Disputes. Regarding all issues related to <br /> contract formation, performance, interpretation, and any issues that may arise in any dispute <br /> between the Parties, the Contract shall be governed by, and construed in accordance with, the <br /> laws of the State of Texas. In the event of a dispute between the Parties, venue for any suit shall <br /> be Travis County, Texas. <br /> <br /> C. Exchange of Client-Identifying Information. Except as prohibited by other law, Receiving <br /> Agency and Performing Agency shall exchange Public Health Information (PHI) without the <br /> consent of clients in accordance with 45 CFR § 164.504(e)(3)(i)(B), Health and Safety Code § <br /> 533.009 and Rule Chapter 414, Subchapter A or other applicable law or rules. Contractor shall <br /> disclose information described in Health and Safety Code § 614.017(a)(2) relating to special <br /> needs offenders, to an agency described in Health and Safety Code §614.017(c) upon request of <br /> that agency, unless Contractor documents that the information is not allowed to be disclosed <br /> under 45 CFR Part 164 or other applicable law. <br /> D. Records Retention. DSHS shall retain records in accordance with the Department's State of <br /> Texas Records Retention Schedule, located at <br /> <br /> http://www.dshs.state.tx.us/records/schedules.shtm, Department Rules and other applicable state <br /> and federal statutes and regulations governing medical, mental health, and substance abuse <br /> information. <br /> E. Severability and Ambiguity. If any provision of this Contract is construed to be illegal or <br /> invalid, the illegal or invalid provision will be deemed stricken and deleted to the salve extent <br /> <br /> <br /> <br /> <br /> 92648-1 43 <br />