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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />prerequisite for making or entering into this Agreement imposed by Section <br />1352, Title 31, USC. Any person who makes an expenditure prohibited under <br />this provision or who fails to file or amend the disclosure form to be filed <br />or amended by this provision, shall be subject to a civil penalty of not less <br />than $10,000, and not more than $100,000, for each such failure. <br />41. POLITICAL ACTIVITY <br />CONTRACTOR agrees that the funds provided herein shall not be used to <br />promote, directly or indirectly, any political party, political candidate or <br />political activity, except as permitted by law. <br />42. TERMINATION PROVISIONS <br />42.1 ADMINISTRATOR may terminate this Agreement without penalty <br />immediately with cause or after thirty (30) days written notice without cause, <br />unless otherwise specified. Notice shall be deemed served on the date of <br />mailing. Cause shall be defined as any breach of contract, any <br />misrepresentation or fraud on the part of CONTRACTOR. Exercise by <br />ADMINISTRATOR of the right to terminate this Agreement shall relieve COUNTY of <br />all further obligations under this Agreement. <br />42.2 Upon termination, or notice thereof, CONTRACTOR agrees to <br />cooperate with ADMINISTRATOR in the orderly transfer of service <br />responsibilities, active case records, and pertinent documents. <br />42.3 The obligations of COUNTY under this Agreement are contingent upon <br />the availability of Federal and /or State funds, as applicable, for the <br />reimbursement of CONTRACTOR's expenditures, and inclusion of sufficient funds <br />for the services hereunder in the budget approved by the Orange County Board <br />of Supervisors each fiscal year this Agreement remains in effect or operation. <br />In the event that such funding is terminated or reduced, ADMINISTRATOR may <br />immediately terminate this Agreement, reduce COUNTY's maximum obligation, or <br />modify this Agreement, without penalty. The decision of ADMINISTRATOR will be <br />(WRR0415) <br />37 of 39 <br />(April 7, 2015) <br />