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<br /> I {"I,.- <br /> self-insurance program should be based on the determination that the coverage can <br /> be provided at a cost no greater than the cost of obtaining equivalent coverage <br /> from an insurance company. <br /> ARTICLE 24. Suspension/Termination <br /> If PERFORMING AGENCY fails to comply with RECEIVING AGENCY's reporting <br /> requirements, the program objectives, or the contract award conditions, RECEIVING <br /> AGENCY may withhold payments. RECEIVING AGENCY will provide advance written <br /> notice to PERFORMING AGENCY which will identify the deficiency and RECEIVING <br /> AGENCY's intent to withhold payments if the deficiency is not corrected within <br /> a specific number of days. When the deficiency is corrected, RECEIVING AGENCY <br /> will release any withheld payments with no further action. If PERFORMING AGENCY <br /> fails to comply with the terms, conditions, or standards of this contract, <br /> RECEIVING AGENCY may suspend the contract Attachment{s) and prohibit PERFORMING <br /> AGENCY from incurring additional obligations of funds pending either corrective <br /> action or termination. RECEIVING AGENCY will provide written notice to <br /> PERFORMING AGENCY at least thirty (30) days in advance of the suspension date. <br /> Such notice will detail the nature of noncompliance and specify a correction <br /> date. PERFORMING AGENCY may request a hearing on the proposed suspension if such <br /> request,is made in writing within ~en (10) days from any final notification of <br /> suspens~on. <br /> This contract or any Attachment{s) hereto may be terminated by either of the <br /> parties hereto for noncompliance by the other party. A party intending to <br /> terminate for noncompliance by the other party will provide written notice to the <br /> other party at least thirty (30) days prior to the intended date of termination. <br /> Such notice will include the reasons for the termination and will provide the <br /> other party an opportunity to rebut the reasons in writing. A hearing may be <br /> requested on the proposed termination if such request is made in writing within <br /> ten (Ie) days from any final notification of termination. By such termination, <br /> neither party may nullify obligations already incurred for performance or failure <br /> to perform prior to the date of termination. Such termination will not be an <br /> exclusive remedy but will be in addition to any other rights and remedies <br /> provided by law or under this contract. <br /> This contract or any Attachment{s) hereto may be terminated in whole, or in part, <br /> when both parties agree that continuation would not produce results commensurate <br /> with further expenditure of funds. Both parties will agree on the effective date <br /> and, in the case of partial termination, the portion to be terminated. RECEIVING <br /> AGENCY will immediately send PERFORMING AGENCY written notice of the terms agreed <br /> to and such notice will become a part of the contract. PERFORMING AGENCY will <br /> not incur new obligations for the terminated portion after the effective date of <br /> termination and will cancel as many outstanding obligations as possible. <br /> RECEIVING AGENCY will allow full credit to PERFORMING AGENCY for noncancelable <br /> obligations which were properly incurred prior to the termination dàte. <br /> This contract or any Attachment{s) hereto may be terminated if funds allocated <br /> for any Attachment(s) hereto should become reduced, depleted, or unavailable <br /> during any Attachment(s) budget period, and RECEIVING AGENCY is unable to obtain <br /> additional funds for such purposes. RECEIVING AGENCY will immediately provide <br /> written notification to PERFORMING AGENCY of such fact and such Attachment{s) to <br /> this contract is/are terminated upon receipt of that notification. PERFORMING <br /> AGENCY will not incur new obligations after the effective date of termination and <br /> will cancel as many outstanding obligations as possible. RECEIVING AGENCY will <br /> allow full credit to PERFORMING AGENCY fo.r noncancelable obligations which were <br /> properly incurred prior to the termination date. <br /> This contract or any Attachment{s) hereto may be terminated in the event that <br /> federal or state laws or other requirements should be amended or judicially <br /> interpreted so as to render continued fulfillment of this contract, on the part <br /> of either party, unreasonable or impossible. If the parties should be unable to <br /> 1994 GENERAL PROVISIONS - Page 10 (5/93) <br /> - . <br />