07-L(1) Health Contract - Laserfiche WebLink

Home Browse Search

representative of RECEIVING AGENCY relating to this contract shall be considered a waiver of sovereign immunity to suit. Neither the occurrence of an event nor the pendency of a claim constitute grounds for the suspension of performance by PERFORMING AGENCY, in whole or in part. ARTICLE 27. Termination Each Attachment shall terminate upon its expiration date unless extended by written amendment in accordance with the Amendments Arkicle. Prior to completion of the Attachment term, all or a part of this contract may be terminated with or without cause as set out below. A. Termination is the permanent withdrawai of PERFORMING AGENCY'S authority to obligate previously awarded fimds before that authority would otherwise expire or the voluntary relinquishment by PERFORMING AGENCY of the authority to obligaxe previously awarded funds. PERFORMING AGENCY costs resulting from obligations incurred by PERFORiVIIING AGENCY after tennination of an award are not allowable unless expressly authorized by the notice of termination. Temunation does not include: (1) withdrawal of funds awarded on the basis of the PERFORMING AGENCY'S underestimate of the unobligated balance in a prior period; (2) withdrawal of the unobligated balance as of the expira.tion of an Attachment; (3) refusal to extend an Attachment or award additional funds, to make a competing or noncompeting continuation, renewal, extension, or supplemental awazd; or (4) voiding of a contract upon detemrination that the award was obtained fraudulently, or was otherwise illegal or invalid from inception. B. Termination without cause. (1) Either party may terminate this contract with at least ninety (90) days prior written notice to the other pariy. (2) The parties may terminate this contract by mutual agreement. (3) Either party may terminate this contract with at least thirty (30) days prior written notice to the other party in the event state and/ar federal funding for this contract is temunated, limited, suspended, withdrawn, or discontinued. (4) RECENING AGENCY may terminate this contract when, in the sole detercnination of RECENING AGENCY, termination is in the best interest of the State of Texas. C. Termination for cause. (1) Either party may terminate for material breach of this contract with at least thirty (30) days written notice to the other party. (2) RECENING AGENCY may terminate this contract, in whole or in part, for breach of contract or for any other conduct that jeopazdizes the contract objectives, by giving at least thirty (30) days written notice to PERFORMIlNG AGENCY. Such conduct may include one or more of the following: (a) A court of competent jurisdiction fmds that PERFORNSING AGENCY has failed to adhere to any laws, ordinances, rules, regulations or orders of any public authority having jurisdiction; (b) PERFORMING, AGENCY fails to communicate with RECEIVING AGENCY or fails to allow its employees or those of its subrecipients to communicate with RECEIVING AGENCY as necessary to the perfonnance of this contract; (c) PERFORMING AGENCY breaches a standard of confidentiality with respect to the services provided under this contract; (Fee-for-Service) GENERAL PROVISIONS 6/2004 Page 18