ORANGE, COUNTY SOCIAL SERVICES AGENCY

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1 2 3 4 5 6 7 s 9 10 it 12 l3 14 15 16 17 is ]9 20 21 22 23 24 25 26 27 28 responsibilities, active case records, and pertinent documents. 38.3 The obligations of COUNTY under this Agreement are contingent upon the availability of Federal and/or State funds, as applicable, for the reimbursement of CONTRACTOR'S expenditures, and inclusion of sufficient funds for the services hereunder in the budget approved by the Orange County Board of Supervisors each fiscal year this Agreement remains in effect or operation. In the event that such funding is terminated or reduced, ADMINISTRATOR may immediately terminate this Agreement, reduce COUNTY's maximum obligation, or modify this Agreement. without penalty. The decision of ADMINISTRATOR shall be binding on CONTRACTOR. ADMINISTRATOR shall provide CONTRACTOR with written notification of such determination. CONTRACTOR shall immediately comply with ADMINISTRATOR'S decision. 39. GOVERNING LAW AND VENUE This Agreement has been negotiated and executed in the state of California and shall be governed by and construed under the laws of the state of California. In the event of any legal action to enforce or interpret this Agreement, the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County. California, and the parties hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394. Furthermore, the parties specifically agree to waive any and all rights to request that an action be transferred for trial to another county. 40. SIGNATURE IN COUNTERPARTS The parties agree that separate copies of this Agreement may be signed by each of the parties and this Agreement will have the same force and effect as if the original had been signed by all the parties. /// /// (WBC0607) 39 of 40 (April 9. 2007)