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4 <br />retention of separate legal counsel for State is necessary; <br />(5) The insolvency or bankruptcy of the insured subcontractor <br />must not release the insurer from payment under the policy, <br />even when such insolvency or bankruptcy prevents the <br />insured subcontractor from meeting the retention limit under <br />the policy. <br />j. Failure to provide insurance as required in this agreement is a <br />material breach of contract entitling State to terminate this <br />agreement immediately. <br /> <br /> 9. BREACH. Violation of any provision of this agreement by Sponsor <br />constitutes breach of this agreement. A breach obligates Sponsor to reimburse <br />Commission for all funds paid to Sponsor and relieves Commission of all obligations <br />under this agreement. <br /> <br /> 10. AGREEMENT BECOMES VOID. This agreement is void if not signed and <br />returned by Sponsor within 60 days of Commission’s signature. <br /> <br /> 11. TERMINATION. <br /> <br />a. Commission may terminate this agreement effective upon delivery of <br />written notice to Sponsor, or a later date as may be stated in the <br />notice, under any of the following conditions: <br /> (1) If Commission determines an emergency exists. <br />(2) If funding from federal, state, or other sources is not obtained <br />and continued at levels sufficient to provide the funds <br />necessary to comply with this agreement. The parties may <br />modify this agreement to accommodate a reduction in funds. <br />(3) If federal or state laws or rules are modified or interpreted in a <br />way that the services are no longer allowable or appropriate <br />for purchase under this agreement or are no longer eligible for <br />the funding proposed for payments authorized by this <br />agreement. <br />(4) If any license, permit, or certificate required by law, rule, or <br />this agreement is denied, revoked, suspended, or not <br />renewed. <br />(5) If Commission determines that continuing the agreement is no <br />longer necessary or would not produce beneficial results <br />commensurate with the further expenditure of public funds. <br /> <br />b. Any termination of this agreement is without prejudice to any <br />obligations or liabilities of either party already accrued prior to <br />termination. <br />c. The rights and remedies of any party provided in this agreement are <br />not exclusive. <br />