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I entitled to any rights or privileges of the other party's employees and shall not be considered in any 2 manner to be employees of the other party. 3 4 VI. TERM 5 A. The term of this Agreement shall commence as specified on Page 3 of this Agreement. 6 B. The term of this Agreement shall be automatically renewed each July for twelve (12) additional 7 months, provided no notice of termination has been given by either CITY or COUNTY in accordance 8 with the Termination paragraph of this Agreement. 9 10 VII. TERMINATION 11 A. Either party may terminate this Agreement, without cause, upon six (6) months written notice 12 given to other party. 13 B. Both parties shall be obligated to perform such duties as would normally extend beyond this 14 term, including but not limited to, obligations with respect to confidentiality, indemnification, audits, 15 reporting and accounting. 16 C. Any obligation of COUNTY under this Agreement is contingent upon the inclusion of sufficient 17 funding for the services hereunder in the applicable budgets approved by the Board of Supervisors. In 18 the event such funding is subsequently reduced or terminated, COUNTY may terminate this Agreement 19 upon thirty (30) calendar days written notice given to CITY. 20 21 VIII. THIRD PARTY BENEFICIARY 22 Neither party hereto intends that this Agreement shall create rights hereunder in third parties 23 including, but not limited to, any subcontractors or any clients provided services hereunder. 24 25 IX. WAIVER OF DEFAULT OR BREACH 26 Waiver of any default shall not be considered a waiver of any subsequent default. Waiver of any 27 breach of any provision of this Agreement shall not be considered a waiver of any subsequent breach. 28 Waiver of any default or any breach shall not be considered a modification of the terms of this 29 Agreement. 30 31 32 33 34 35 36 37 Santa Ana 6 of 7 Z:\ASR108-001795 OC Animal Care Master Agreement\Animal Care Services Master.Doc ACSICRAKKoo