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1 <br />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 />political activity, except as permitted by law. <br />37. TERMINATION PROVISIONS <br />37.1 ADMINISTRATOR may terminate this Agreement without penalty <br />immediately with cause or after thirty (30) days' written notice without <br />cause, unless otherwise specified. Notice shall be deemed served on the date <br />of mailing. Cause shall be defined as any breach of contract, any <br />misrepresentation or fraud on the part of CONTRACTOR. Exercise by <br />ADMINISTRATOR of the right to terminate this Agreement shall relieve COUNTY of <br />all further obligation under this Agreement. <br />37.2 Upon termination, or notice thereof, CONTRACTOR agrees to <br />cooperate with ADMINISTRATOR in the orderly transfer of service <br />responsibilities, active case records, and pertinent documents. <br />37.3 The obligations of COUNTY under this Agreement are contingent upon <br />the availability of Federal and/or State funds, as applicable, for the <br />reimbursement of CONTRACTOR's expenditures, and inclusion of sufficient funds <br />for the services hereunder in the budget approved by the Orange County Board <br />of Supervisors each fiscal year this Agreement remains in effect or operation. <br />In the event that such funding is terminated or reduced, ADMINISTRATOR may <br />immediately terminate this Agreement, reduce COUNTY's maximum obligation, or <br />modify this Agreement, without penalty. The decision of ADMINISTRATOR will be <br />binding on CONTRACTOR. ADMINISTRATOR will provide CONTRACTOR with written <br />notification of such determination. CONTRACTOR shall immediately comply with <br />ADMINISTRATOR's decision. <br />38. GOVERNING LAW AND VENUE <br />This Agreement has been negotiated and executed in the state of <br />California and shall be governed by and construed under the laws of the state <br />of California. In the event of any legal action to enforce or interpret this <br />Agreement, the sole and exclusive venue shall be a court of competent <br />€FNH0269) <br />38 of 40 <br />(3/18/09) <br />