Res 1998-158 - Laserfiche WebLink

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thereof to be stayed during such appeal while providing such reserves therefore as may be required under general accepted accounting principles; (v) A writ or warrant of attachment or any similar process shall be issued by any court against all or any material portion of the property of PERFORMING AGENCY, and such writ or warrant of attachment or any similar process is not released or bonded within 30 days after its entry; (vi) PERFORMING AGENCY is adjudicated bankrupt or insolvent; (vii) PERFORMING AGENCY files a case under the Federal Bankruptcy Code or is seeking relief under any provision of any bankruptcy, reorganization, arrangement, insolvency, readjustment of debt, dissolution, receivership or liquidation law of any jurisdiction, whether now or hereafter in effect, or consents to the filing of any case or petition against it under any such law; (viii) Any property or portion of the property of PERFORMING AGENCY is sequestered by court order and the order remains in effect for more than 30 days after the party obtains knowledge thereof; (ix) A petition is filed against PERFORMING AGENCY under any state reorganization, arrangement, insolvency, readjustment of debt, dissolution, liquidation, or receivership law of any jurisdiction, whether now or hereafter in effect, and such petition is not dismissed within 30 days; or (x) PERFORMING AGENCY consents to the appointment of a receiver, trustee, or liquidator of PERFORMING AGENCY or of all or any part of its property. C. Emergency tennination. RECEIVING AGENCY may tenninate the contract immediately upon notice to PERFORMING AGENCY in an emergency by any verifiable means. "Emergency" is derIDed in the Sanctions Article. Either party may deliver written notice of intent to tenninate by any verifiable method. If either party gives notice of its intent to tenninate all or a part of this contract, RECEIVING AGENCY and PERFORMING AGENCY will try to resolve any issues related to the anticipated tennination in good faith during the notice period. Upon tennination of all or part of this contract, RECEIVING AGENCY and PERFORMING AGENCY will be discharged ITom any further obligation created under the applicable tenns of this contract except for the equitable settlement of the respective accrued interests or obligations incurred prior to tennination. Tennination does not, however, constitute a waiver of any remedies for breach of this contract. In addition, the obligations of the PERFORMING AGENCY to retain records and maintain confidentiality of infonnation shall survive this contract. ARTICLE 26. Breach of Contract Any remedies set out in this contract are in addition to rights and remedies for breach of contract provided by law. (F ee-for-Service) 1999 GENERAL PROVISIONS Page 18 4/98