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<br />MAR-24-00 FRI 3:07 PM <br /> <br />CITY OF SM PARKS & REC <br /> <br />FAX NO. 15123537273 <br /> <br />P. 4 <br /> <br />3. TWC, (the Board where applicable), and the Contributor agree as follows: <br /> <br />3. I. Agreed upon local operating plans and procedures, which must be in compliance with TWC child care policies and <br />procedures, will be used to implement and carry out the terms and intent ofthis agreement. <br /> <br />3.2. This agreement is contingent upon the availability oflocal, state and federal funds. If funds are otherwise unavailable <br />or reduced, written notice will be given by either party oftennination, payment suspension or funding reduction. <br /> <br />3.3. The Contributor is under no obligation to continue its donation or transfer offunds in the event that these funds are not <br />used consistent with the terms or this agreement. <br /> <br />3.4. This contract may be amended by written agreement of the parties at any time. <br /> <br />3.5. It is agreed upon by the parties that performance under this contract is contingent upon the final acceptance of this <br />agreement in an open meeting by a majority of the voting members of TWC. <br /> <br />3.6. To comply with all applicable federal laws and regulations in carrying out this agreement. If federal, state or local <br />laws or other requirements are amended or judicially interpreted so as to render continued fulfillment of this contract, <br />on the part of any of the parties, substantially unreasonable or impossible and if the parties should be unable to agree <br />upon any amendment which would therefore be needed to enable the substantial continuation of the services <br />contemplated herein, the parties shall be discharged from any further obligations created under the terms ofthis <br />contract, except for the equitable settlement of the respective accrued interests or obligations incurred up to the date of <br />termination. <br /> <br />3.7. This agrcemenr may be terminated by TWC or the Contributor, for any reason, upon written notification to the other <br />party of at least 30 days in advance of such termination. <br /> <br />3.8. To consult before contract termination by TWC or in the event the Board should desire to present to TWC reasons for <br />termination of this agreement. <br /> <br />Contract #2000-15Q006 <br />