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<br />(iii) <br /> <br />PERFORMING AGENCY admits in writing its inability to pay its debts generally <br />as they become due; or <br />If judgment for the payment of money in excess of$50,000 (which is not covered <br />by insurance) is rendered by any court or governmental body against <br />PERFORMING AGENCY, and PERFORMING AGENCY does not (a) discharge <br />the judgment or (b) provide for its discharge in accordance with its terms, or (c) <br />procure a stay of execution within thirty (30) days from the date of entry thereof, <br />,and within the thirty (30)-day period or a longer period during which execution of <br />the judgment shall have been stayed, appeal therefrom and cause the execution <br />thereof to be stayed during such appeal while providing such reserves therefore as <br />may be required under generally accepted accounting principles. <br /> <br />(iv) <br /> <br />C. <br /> <br />Emergency termination. In emergency Circumstances, RECEIVING AGENCY may terminate the <br />contract immediately upon notice to PERFORMING AGENCY by any verifiable means. "Emergency" <br />is defined in the Sanctions Article. <br /> <br />Either party may deliver written notice of intent to tenninate by any verifiable method. If either party gives notice <br />of its intent to tenninate all or a part ofthis contract, RECEIVING AGENCY and PERFORMING AGENCY will <br />attempt to resolve any issues related to the anticipated tennination in good faith during the notice period. Upon <br />tennination of all or part of this contract, RECEIVING AGENCY and PERFORMING AGENCY will be <br />discharged from any further obligation created under the applicable terms ofthis contract except for the equitable <br />settlement of the respective accrued interests or obligations incurred prior to tennination. Termination does not, <br />however, constitute a waiver of any remedies for breach of this contract. In addition, the obligations of <br />PERFORMING AGENCY to retain records and maintain confidentiality of information shaH survive this contract. <br /> <br />ARTICLE 33. Void Contract <br /> <br />RECEIVING AGENCY may hold a contract void upon its determination that the contract award was obtained <br />fraudulently or was otherwise illegal or invalid from its inception. <br /> <br />ARTICLE 34. Severability <br /> <br />If any provision of this contract is construed to be illegal or invalid, the illegal or invalid provision will be deemed <br />stricken and delèted to the same extent and effect as if never incorporated, but all other provisions will continue. <br /> <br />ARTICLE 35. Local Health Department Personnel <br /> <br />All local health department personnel funded by Attachment(s) to this contract are employees of PERFORMING <br />AGENCY which shall be responsible for their direction and control and liable for any of their acts or omissions. <br /> <br />PERFORMING AGENCY shall have in place legally suffiCient due process hearing procedures for all of its <br />employees filling state-budgeted positions. <br /> <br />PERFORMING AGENCY shall have full authority to employ, promote, suspend, demote, discharge, and transfer <br />within its organization any and all state-budgeted personnel funded by Attachment(s) to this contract provided, <br />however, that any demotion, suspension, or discharge of such state-budgeted employees shall be in accordance with <br />the due process hearing procedures as set out above. The only distinction between state-budgeted and local paid <br /> <br />(LOS) <br /> <br />GENERAL PROVISIONS Page 23 <br /> <br />11/2001 <br />