04-B Health Contract A-2006 - Laserfiche WebLink

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, '" r .. . , (d) RECEIVING AGENCY determines that PERFORMING AGENCY is without the personnel or resources to perfonn under this contract; RECEIVING AGENCY detennines that PERFORMING AGENCY, its agent or another representative offered or gave a gratuity (e.g., an entertainment or gift) to an official or employee of RECEIVING AGENCY for the purpose of obtaining a contract or favorable treatment; PERFORMING AGENCY'S management system does not meet the DGMS management standards; or PERFORMING AGENCY appears to be financially unstable. Indicators of financial instability may include one or more of the following: (e) (f) (g) Pþ:RFORMING AGENCY fails to make payments; PERFORMING AGENCY makes an assignment for the benefit of its creditors; PERFORMING AGENCY admits in writing, its inability to pay its debts generally as they become due; (iv) If judgment for the payment of money in excess of $50,000 (which is not covered by insurance) is rendered by any court or governmental body against PERFORMING AGENCY, and PERFORMING AGENCY does not (a) discharge the judgment or (b) provide for its discharge in accordance with its terms, or (c) procure a stay of execution within thirty (30) days from the date of entry thereof, and within the thirty (30) day period or a longer period during which execution of the judgment shall have been stayed, appeal therefrom and cause the execution thereof to be stayed during such appeal while providing such reserves therefore as may be required under generally accepted accounting principles; (v) A writ or warrant of attachment or any similar process shall be issued by any court against all or any material portion of the property of PERFORMING AGENCY, and such writ or wammt of attachment or any similar process is not released or bonded within thirty (30) days after its entry; (vi ) PERFORMING AGENCY is adjudicated bankrupt or insolvent; (vii) PERFORMING AGENCY files a case 1D1der the Federal Bankruptcy Code or is seeking relief under any provision of any bankruptcy, reorganization, arrangement, insolvency, readjustment of debt, dissolution, receivership or liquidation law of any jwisdiction, whether now or hereafter in effect, or consents to the filing of any case or petition against it \U1der any such law; (viii) Any property or portion of the property of PERFORMING AGENCY is sequestered by court order and the order remains in effect for more than thirty (30) days after PERFORMING AGENCY obtains knowledge thereof; (ix) A petition is filed against PERFORMING AGENCY WIder any state reorganization, arrangement, insolvency, readjustment' of debt, dissolution, liquidation, or receivership law of any jwisdiction, whether now or hereafter in effect, and such petition is not dismissed within thirty (30) days; or (x) PERFORMING AGENCY consents to the appointment of a receiver, trustee, or liquidator of PERFORMING AGENCY or of all or any part of its property. (i) (ii) (iii) D. Emergency tennination. In emergency circumstances, RECEIVING AGENCY may tenninate this contract immediately upon notice to PERFORMING AGENCY by any verifiable means. "Emergency" is defined in the Sanctions Article. Either party may deliver written notice of intent to terminate by any verifiable method. If either party gives notice of its intent to terminate all or a part of this contract, RECEIVING AGENCY and PERFORMING AGENCY will attempt to resolve any issues related to the anticipated termination in good faith during the notice (Fee-for-Service) GENERAL PROVISIONS 6/2004 Page 19 T I