Res 1997-183 - Laserfiche WebLink

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RECEIVING AGENCY may immediately terminate or suspend all or part of the contract, temporarily or permanently withhold cash payments, deny contract renewal or future contract awards, delay contract execution, or amend all or part of the contract in an emergency by delivering written notice to a PERFORMING AGENCY, by any verifiable method, stating the reason for the emergency action. The emergency may be a result of the PERFORMING AGENCY's noncompliance having a direct adverse impact on the public or client health or safety, failure to achieve a performance measure, being reimbursed for expenditures which are not in accordance with applicable federal or state laws and regulations or the provisions of the contract, or expending funds inappropriately. PERFORMING AGENCY may request a review of the imposition of the following sanctions: termination of all or part of the contract, suspension of all or part of the contract, permanent withholding of cash payments, denial of contract renewal or future contract awards, and contract amendment as a result of noncompliance in accordance with RECEIVING AGENCY's Administrative Policy No. XO - 0109. PERFORMING AGENCY must make the request for review in writing to RECEIVING AGENCY within fifteen (15) days from the date of notification. ARTICLE 27. Termination In addition to other provisions herein allowing termination, this contract shall terminate upon full performance of all requirements contained herein, unless extended in writing; or all or a part of this contract may be terminated prior to completion of the contract term for any of the following reasons: A. Termination in the Best Interest of the State. This contract may be terminated by RECEIVING AGENCY at any time when, in the sole determination of RECEIVING AGENCY, termination is in the best interests of the State of Texas. B. Termination by Agreement. This contract may be terminated, in whole or in part, when both parties mutually agree that continuation of the contract would not achieve the objectives and goals of the contract and that continuation would not be mutually beneficial. C. Termination for Cause. RECEIVING AGENCY reserves the right to terminate this contract, in whole or in part, upon the following conditions: (1) The PERFORMING AGENCY makes an assignment for the benefit of its creditors, or admits in writing its inability to pay its debts generally as they become due, or consents to the appointment of a receiver, trustee, or liquidator of the PERFORMING AGENCY or of all or any part of its property; if judgment for the payment of money in excess of $50,000.00 (which is not covered by insurance) is rendered by any court or governmental body against the PERFORMING AGENCY, and the PERFORMING AGENCY does not discharge the judgment or provide for its discharge in accordance with its terms, or procure a stay of execution thereof within 30 days from the date of entry thereof, and within the 30-day period or a longer period during which execution of the judgment shall have been stayed, appeal therefrom and cause the execution thereof to be stayed during such appeal while providing such reserves therefore as may be required under generally accepted accounting principles; or 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 the PERFORMING AGENCY, and such writ or warrant of attachment or any similar process is not released or bonded within 30 days after its entry; or (2) A court of competent jurisdiction fmds that the PERFORMING AGENCY has failed to adhere to any laws, ordinances, rules, regulations or orders of any public authority having jurisdiction; or (3) PERFORMING AGENCY fails to communicate with the RECEIVING AGENCY as required by the contract; or (Independent) 1998 GENERAL PROVISIONS Page 16 (8/97)