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<br />1 prohibited under this provision or who fails to file or amend the disclosure <br />2 form to be fil ed or amended by thi s provi si on. sha 11 be subject to a ci vil <br />3 pen a lty of not 1 ess than $10.000. and not more than $100.000. for each such <br />4 failure. <br />5 36. POLITICAL ACTIVITY <br />6 CONTRACTOR agrees that the funds provi ded herei n sha 11 not be used to <br />7 promote. directly or indirectly. any political party, political candidate or <br />8 political activity, except as permitted by law. <br />9 37. TERMINATION PROVISIONS <br />10 37.1 ADMINISTRATOR may terminate this Agreement without penalty <br />11 immediately with cause or after thirty (30) days' written notice without <br />12 cause. unless otherwise specified. Notice shall be deemed served on the date <br />13 of mailing. Cause shall be defined as any breach of contract. any <br />14 misrepresentation or fraud on the part of the CONTRACTOR. Exercise by <br />15 ADMINISTRATOR of the right to terminate this Agreement shall relieve COUNTY of <br />16 all further obligation under this Agreement. <br />17 37.2 Upon termination. or notice thereof. CONTRACTOR agrees to <br />18 cooperate with ADMINISTRATOR in the orderly transfer of service <br />19 responsibilities, active case records, and pertinent documents. <br />20 37.3 The obligations of COUNTY under this Agreement are contingent upon <br />21 the availability of Federal and/or State funds. as applicable. for the <br />22 reimbursement of CONTRACTOR's expenditures, and inclusion of sufficient funds <br />23 for the services hereunder in the budget approved by the Orange County Board <br />24 of Supervisors each fiscal year this Agreement remains in effect or operation. <br />25 In the event that such funding is terminated or reduced, ADMINISTRATOR may <br />26 immediately terminate this Agreement, reduce COUNTY's maximum obligation. or <br />27 modify this Agreement. without penalty. The decision of ADMINISTRATOR shall <br />28 be binding on CONTRACTOR. ADMINISTRATOR shall provide CONTRACTOR with written <br /> <br />(WSH0605l <br /> <br />35 of 37 <br /> <br />(March 7. 2005) <br />