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Res 2000-222
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7/24/2006 3:31:58 PM
Creation date
7/24/2006 3:30:51 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2000-222
Date
11/13/2000
Volume Book
142
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<br />A state statute or rule or a federal statute, regulation or guideline will prevail over the provisions of this Article <br />unless the statute, rule, regulation or guideline can be read together with the provision or provisions of this Article <br />to give effect to both. <br /> <br />ARTICLE 30. Breach of Contract <br /> <br />Any remedies set out in this contract are in addition to rights and remedies for breach of contract provided by law. <br /> <br />ARTICLE 31. Termination <br /> <br />Each Attachment shall terminate upon the expiration date of the Attachment unless extended by written amendment <br />in accordance with the Amendments Article. Prior to completion of the contract term, all or a part of this contract <br />may be terminated with or without cause as set out below. <br /> <br />A. Termination without cause. <br /> <br />(1) Either party may terminate this contract with at least 90 days prior written notice to the other <br />party . <br />(2) The parties may terminate this contract by mutual agreement. <br />(3) Either party may terminate this contract with at least 30 days prior written notice to the other party <br />in the event state and/or federal funding for this contract is terminated, limited, suspended, or <br />withdrawn. <br />(4) RECEIVING AGENCY may terminate this contract when, in the sole determination of <br />RECEIVING AGENCY, termination is in the best interest of the State of Texas. <br /> <br />B. Termination for cause. <br /> <br />(1) Either party may terminate for material breach of contract with at least 30 days written notice to <br />the other party . <br />(2) RECEIVING AGENCY may terminate this contract, in whole or in part, for breach of contract or <br />for any other conduct that jeopardizes the contract objectives, by giving at least 30 days written <br />notice to PERFORMING AGENCY. Such conduct may include one or more of the following: <br /> <br />(a) A court of competent jurisdiction finds that PERFORMING AGENCY has failed to adhere <br />to any laws, ordinances, rules, regulations or orders of any public authority having <br />jurisdiction; <br />(b) PERFORMING AGENCY fails to communicate with RECEIVING AGENCY or fails to <br />allow its employees or those of its subrecipients to communicate with RECEIVING <br />AGENCY as necessary to the performance ofthe contract; <br />(c) PERFORMING AGENCY breaches a standard of confidentiality with respect to the <br />services provided under this contract; <br />(d) RECEIVING AGENCY determines that PERFORMING AGENCY is without the <br />personnel or resources to perform under the contract; <br />(e) RECEIVING AGENCY determines that PERFORMING AGENCY, its agent or another <br />representative offered or gave a gratuity (e.g., an entertainment or gift) to an official or <br />employee of RECEIVING AGENCY for the purpose of obtaining a contract or favorable <br />treatment; <br /> <br />(LGS) <br /> <br />2001 GENERAL PROVISIONS Page 21 <br /> <br />4/00 <br />
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