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<br /> <br /> <br /> I b. Inclusion of sufficient funding for the services hereunder in the applicable budget <br /> 2 approved by the Board of Supervisors. <br /> 3 2. In the event such funding is subsequently reduced or terminated, COUNTY may terminate <br /> 4 or renegotiate this Agreement upon thirty (30) calendar days written notice given CONTRACTOR. <br /> 5 E_ In the event this Agreement is terminated prior to the completion of the term as specified on <br /> 6 Page 3 of the Agreement, ADMINISTRATOR may, at its sole discretion, reduce the Maximum <br /> 7 Obligation of this Agreement in an amount consistent with the reduced term of the Agreement. <br /> 8 F. In the event this Agreement is terminated by either party, after receiving a Notice of <br /> 9 Termination CONTRACTOR shall do the following: <br /> 10 1. Comply with termination instructions provided by ADMINISTRATOR in a manner which <br /> 11 is consistent with recognized standards of quality care and prudent business practice. <br /> 12 2. Obtain immediate clarification from ADMINISTRATOR of any unsettled issues of contract <br /> 13 performance during the remaining contract term. <br /> 14 3. If records are to be transferred to COUNTY, pack and label such records in accordance with <br /> 15 directions provided by ADMINISTRATOR. <br /> 16 G. The rights and remedies of COUNTY provided in this Termination paragraph shall not be <br /> 17 exclusive, and are in addition to any other rights and remedies provided by law or under this Agreement. <br /> 18 <br /> 19 XX. THIRD PARTY BENEFICIARY <br /> 20 Neither party hereto intends that this Agreement shall create rights hereunder in third parties <br /> 21 including, but not limited to, any subcontractors or any clients provided services hereunder. <br /> 22 <br /> 23 XXI. WAIVER OF DEFAULT OR BREACH <br /> 24 Waiver by COUNTY of any default by CONTRACTOR shall not be considered a waiver of any <br /> 25 subsequent default. Waiver by COUNTY of any breach by CONTRACTOR of any provision of this <br /> 26 Agreement shall not be considered a waiver of any subsequent breach. Waiver by COUNTY of any <br /> 27 default or any breach by CONTRACTOR shall not be considered a modification of the terms of this <br /> 28 Agreement. <br /> 29 <br /> 30 31 <br /> 32 <br /> 33 34 <br /> 35 36 37 <br /> CITY OF SANTA ANA ~~l 16 of 17 <br /> X:\CONTRACTS - 2010-\2010-201 1 \M IHS\POD- PLAN-MASTER- 1O-1 1 -BG. Doc SAN 13-MAPODO 1 M I KK 1 1 <br />