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(5) <br /> <br />The Commission, at any time, can determine that termination is <br />necessary for the convenience of the Commission. Upon such <br />termination for convenience, the Commission shall reimburse the <br />County for all eligible costs and expenses, per the terms of the <br />agreement, including demobilization and cancellation fees on <br />contracts/subcontracts, plus the pro-rated profit on work incurred <br />to date as verified by documentation. The County shall not be <br />reimbursed for anticipated profits or revenue or other economic <br />loss arising out of the termination. The County shall include this <br />right of the Commission in all of its contracts/subcontracts. At the <br />Commission's option, the County may assign said <br />contracts/subcontracts to the Commission. If the County assigns <br />said contracts/subcontracts to the Commission, the Commission <br />shall require the County to likewise terminate said <br />contracts/subcontracts. If the Commission terminates an <br />agreement at any time for convenience, said termination shall be <br />governed by the provisions of this section. <br /> <br />Co <br /> <br />The Commission by written notice of default (including breach of <br />contract) to the County may terminate the whole or any part of this <br />agreement: <br />(1) If the County fails to provide services called for by this agreement <br /> within the time specified or any extension agreed to by the <br /> Commission; or <br />(2) If the County fails to perform any of the other provisions of this <br /> agreement, or so fails to pursue the work as to endanger <br /> performance of this agreement and after receipt of written notice <br /> from the Commission, fails to correct such failures within 10 days <br /> or a longer period as the Commission authorizes. <br /> <br />do <br /> <br />The rights and remedies of any party provided in this agreement are not <br />exclusive. <br /> <br />e. Notice of termination will be made upon 30 days written notice. <br /> <br /> 12. ANTI-GIFT CLAUSE. No funds paid under this agreement shall be <br />used in violation of the Anti-Gift Clause of the North Dakota Constitution. <br /> <br /> 13. MERGER. This agreement constitutes the entire agreement between the <br />parties. No waiver or modification of this agreement binds either party unless in writing <br />and signed by the parties. Any waiver or modification made is effective only in the <br />specific instance and for the specific purpose given. There are no understandings, <br />agreements, or representations, oral or written, regarding this agreement. <br /> <br />7 <br /> <br /> <br />