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5. Court orders applicable to its operation; and, <br />6. The terms and conditions of this Agreement. <br />If any of the foregoing is enacted, amended, or revised, CONTRACTOR will comply with <br />such or will notify CITY after enactment or modification that it cannot so comply. CITY may <br />thereupon terminate this Agreement, if necessary. <br />XII. <br />EXCLUSIVITY AND AMENDMENT OF AGREEMENT <br />This Agreement supersedes any and all other agreements, either oral or in writing, <br />between the parties hereto with respect to the employment of CONTRACTOR by CITY, and contains <br />all the covenants and agreements between the parties with respect to such employment. Each party to <br />this Agreement acknowledges that no representations, inducements, promises or agreements, orally or <br />otherwise, have been made by any party, or anyone acting on behalf of any party, which are not <br />embodied herein, and that no other agreement or amendment hereto shall be effective unless executed <br />in writing and signed by both CITY and CONTRACTOR. <br />XIII. <br />FRAUD <br />CONTRACTOR shall immediately report to CITY all instances and facts concerning <br />possible fraud, abuse or criminal activity relating to expenditure or receipt of funds under this <br />Agreement. <br />XIV. <br />CONTINGENCY OF FUNDS <br />CONTRACTOR acknowledges that approval of and funding for this Agreement is <br />contingent upon State approval, and funds received or obligated from the State of California to CITY. <br />If such approval of funds is not forthcoming, or is otherwise limited, CITY shall immediately notify <br />CONTRACTOR. Within twenty (20) days of receipt of such notice, CONTRACTOR shall modify or <br />cease operations as directed by CITY and negotiate necessary modification to this Agreement and/or <br />reimbursement of costs incurred hereunder. <br />XV. <br />TERMINATION <br />This Agreement maybe terminated by either party at its sole discretion, upon thirty (30) <br />days written notice to the other party. Notice shall be deemed served on the date of mailing. However, <br />CONTRACTOR may not terminate this Agreement if undue hardship will result to any participant. <br />Page 12 of 15 <br />