Res 1996-183 - Laserfiche WebLink

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5"70 , - 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 (b) A court of competent jurisdiction finds that the PERFORMING AGENCY has failed to adhere to any laws, ordinances, rules, regulations or orders of any public authority having jurisdiction; or (c) The PERFORMING AGENCY fails to communicate with the RECEIVING AGENCY as required by the contract; or (d) The PERFORMING AGENCY breaches a standard of confidentiality with respect to the services provided under this contract; or (e) The RECEIVING AGENCY makes a written determiDation that the PERFORMING AGENCY has failed to substantially perform under this agreement, which determination specifies the events resulting in the state's determination that the PERFORMING AGENCY has failed to substantially perform under this agreement; or (f) Either party makes a written determiDation that the other party has committed a material breach of any term(s) of this contract; or (g) The RECEIVING AGENCY determines that the PERFORMING AGENCY is without the personnel or resources to perform under the contract; or (11) A receiver, conservator, liquidator, or trustee of the PERFORMING AGENCY, or any of its property is appointed by order or decree of any court or agency or supervisory authority having jurisdiction; or an order for relief is entered against the PERFORMING AGENCY, under the Federal Bankruptcy Code; or the PERFORMING AGBiCY is adjudicated bankrupt or insolvent; or any portion of the property of the PERFORMING AGENCY is sequestered by court order and the order remains in effect for more than 30 days after such party obtains knowledge thereof; or a petition is filed against the PERFORMING AGENCY under any state, reorgaillzation, 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 (i) The PERFORMING AGENCY files a case under the Federal Bankruptcy Code or is seemg 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; or G) The PERFORMING AGENCY fails to comply with any of the terms, conditions or provisions of the agreement, in any manner whatsoever. Written notice will be provided by the terminating party at least 30 days prior to the intended date of termiDation unless an emergency exists. If either party gives notice of its intent to termiDate all or a part of this contract, RECEIVING AGENCY and PERFORMING AGENCY will try to resolve any issues related to the anticipated termination in good faith during the notice period. Upon termination of all or a part of this contract, RECEIVING AGENCY and PERFORMING AGENCY will be discharged from any further obligation created under the applicable terms of this contract except for the equitable settlement of the respective accrued inrerests or obligations incurred prior to termiDation. Termination does not, however, constitUte a waiver of any remedies for breach of this contract. In addition, the obligations of the PERFORMING AGENCY [0 retain records and m;:¡inTLlin confidentiality of information shall survive this contract. . (Independent) 1997 GENERAL PROVISIONS - Page 13 (5/96)