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2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />29 <br />30 <br />31 <br />32 <br />33 <br />34 <br />35 <br />36 <br />37 <br />7. Unethical conduct or malpractice by any physician or licensed person providing services <br />pursuant to this Agreement; provided, however, COUNTY may waive this option if CONTRACTOR <br />removes such physician or licensed person from serving persons treated or assisted pursuant to this <br />Agreement. <br />D. CONTINGENT FUNDING <br />1. Any obligation of COUNTY under this Agreement is contingent upon the following: <br />a. The continued availability of federal, state and county fimds for reimbursement of <br />COUNTY's expenditures, and <br />b. Inclusion of sufficient funding for the services hereunder in the applicable budget(s) <br />approved by the Board of Supervisors. <br />2. In the event such funding is subsequently reduced or terminated, COUNTY may suspend, <br />terminate or renegotiate this Agreement upon thirty (30) calendar days' written notice given <br />CONTRACTOR. If COUNTY elects to renegotiate this Agreement due to reduced or terminated <br />funding, CONTRACTOR shall not be obligated to accept the renegotiated terms. <br />E. In the event this Agreement is suspended or terminated prior to the completion of the term as <br />specified in the Referenced Contract Provisions of this Agreement, ADMINISTRATOR may, at its sole <br />discretion, reduce the Maximum Obligation of this Agreement in an amount consistent with the reduced <br />term of the Agreement. <br />F. In the event this Agreement is terminated by either party pursuant to Subparagraphs B., C. or D. <br />above, CONTRACTOR shall do the following: <br />1. Comply with termination instructions provided by ADMINISTRATOR in a manner which <br />is consistent with recognized standards of quality care and prudent business practice. <br />2. Obtain immediate clarification from ADMINISTRATOR of any unsettled issues of contract <br />performance during the remaining contract term. <br />3. Until the date of termination, continue to provide the same level of service required by this <br />Agreement. <br />4. If clients are to be transferred to another facility for services, furnish ADMINISTRATOR, <br />upon request, all client information and records deemed necessary by ADMINISTRATOR to effect an <br />orderly transfer. <br />5. Assist ADMINISTRATOR in effecting the transfer of clients in a manner consistent with <br />client's best interests. <br />6. If records are to be transferred to COUNTY, pack and label such records in accordance with <br />directions provided by ADMINISTRATOR. <br />7. Return to COUNTY, in the manner indicated by ADMINISTRATOR, any equipment and <br />supplies purchased with funds provided by COUNTY. <br />8. To the extent services are terminated, cancel outstanding commitments covering the <br />procurement of materials, supplies, equipment, and miscellaneous items, as well as outstanding <br />23 of 25 <br />X.`.CONTRA M S - 2015 -'?0]5-2016 PFG FIT C(TIrS M IN[ GRANTS -SANTA ANA FY 15-16 CA.Doc SAN 15PHKK 16 <br />