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In the event of an escape or attempted escape, the CONTRACTOR shall immediately notify the Warden, the <br />Warden's designee, or the supervising parole and probation officer of the escape or attempted escape. <br />9. TERMINATION OF CONTRACT <br />a. Termination without cause. This contract may be terminated by mutual consent of both parties, or by either <br />party upon 30-days written notice. <br />i. Termination for lack of funding or authority. STATE may terminate this contract effective upon delivery <br />of written notice to CONTRACTOR, or on any later date stated in the notice, under any of the following <br />conditions: <br />1) If funding from federal, state, or other sources is not obtained and continued at levels sufficient to <br />allow for purchase of the services or supplies in the indicated quantities or term. The contract may <br />be modified by agreement of the parties in writing to accommodate a reduction in funds. <br />2) If federal or state laws or rules are modified or interpreted in a way that the services are no <br />longer allowable or appropriate for purchase under this contractor are no longer eligible for the <br />funding proposed for payments authorized by this contract. <br />3) If any license, permit or certificate required by law or rule, or by the terms of this contract, is for <br />any reason denied, revoked, suspended or not renewed. <br />Termination of this contract under this subsection is without prejudice to any obligations or liabilities of either party <br />already accrued prior to termination. <br />b. Termination for cause. STATE by written notice of default to CONTRACTOR may terminate the whole or any <br />part of this contract: <br />i. If CONTRACTOR fails to provide services required by this contract within the time specified or any <br />extension agreed to by STATE; or <br />ii. If CONTRACTOR fails to perform any of the other provisions of this contract, or so fail to pursue the <br />work as to endanger performance of this contract in accordance with its terms. <br />iii. The rights and remedies of STATE provided in the above clause related to defaults by CONTRACTOR <br />are not exclusive and are in addition to any other rights and remedies provided by law or under this <br />contract. <br />10. FORCE MAJEURE <br />CONTRACTOR will not be held responsible for delay or default caused by fire, riot, acts of God or war if the event <br />is beyond CONTRACTOR'S reasonable control and CONTRACTOR gives notice to STATE immediately upon <br />occurrence of the event causing the delay or default or that is reasonably expected to cause a delay or default. <br />11. RENEWAL <br />This contract willnotautomaticallyrenew. STATE will provide written notice to CONTRACTOR of its intent to renew <br />this contract at least 30 days before the scheduled termination date. <br />12. MERGER AND MODIFICATION <br />This contract constitutes the entire agreement between the parties. There are no understandings, agreements, or <br />representations, oral or written, not specified within this contract. This contract may not be modified, supplemented or <br />amended, in any manner, except by written agreement signed by both parties. <br />13. SEVERABILITY <br />If any term of this contract is declared by a court having jurisdiction to be illegal or unenforceable, the validity of the <br />remaining terms must not be affected, and, if possible, the rights and obligations of the parties are to be construed <br />and enforced as if the contract did not contain that term. <br />14. ASSIGNMENT AND SUBCONTRACTS <br />CONTRACTOR may not assign or otherwise transfer or delegate any right or duty without STATE'S express written <br />consent. However, CONTRACTOR mayenter into subcontracts provided that any subcontract acknowledges the <br />binding nature of this contractand incorporates this contract, including any attachments. CONTRACTOR is solely <br />responsible for the performanceof any subcontractor. CONTRACTOR has no authority to contract for or incur <br />obligations on behalf of STATE. <br />Page 3 of 9 <br />