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<br /> Attachment 6
<br /> SPECIAL CONDITIONS
<br /> 1. Failure to Deliver: The inability of the AWARDEE to provide the necessary
<br /> personnel shall not be an acceptable reason for failure to complete the services required. Failure
<br /> to complete any part of the services contained in Attachment 1, Scope of Performance, shall be
<br /> deemed to be a tonal failure to deliver service, entitling the STATE to terminate this Agreement.
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<br /> The service shall not be deemed delivered or performance completed, until all elements of each
<br /> service are delivered and/or completed and accepted by the STATE.
<br /> 2. Notice to Participants: Within two hundred forty (240) days after the
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<br /> commencement of this Agreement, the AWARDEE shall have in place written procedures for the
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<br /> orderly termination of services to individuals and families or for the transition of services to
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<br /> another provider upon termination of this Agreement. These procedures shall include timely
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<br /> notice and counsel to individuals and families of the impending termination of this Agreement.
<br /> 3. Force Majeure: Neither party shall be held responsible for delays or failures
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<br /> in performance resulting from acts beyond the control of such party. Such acts shall include, but
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<br /> not be limited to, acts of God, labor disturbances, riots, acts of war, epidemics, government
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<br /> regulations imposed after the fact, fire, flood, communication line failures, power failures,
<br /> shortages of transportation, earthquakes, hurricanes, or other causes beyond such party's control,
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<br /> provided that such party notifies the other party of such delay and the reason therefore as soon as
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<br /> practicable after its occurrence and requests extension prior to the specified date of product
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<br /> delivery, service, report, or response.
<br /> 4. Federal Funds: In addition to Attachment 5, Item I1, General Conditions,
<br /> when receiving Federal Funds under this Agreement, the AWARDEE shall comply with all
<br /> regulations and requirements of the expending Federal agency and complete all required forms and
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<br /> documents. The AWARDEE shall allow full access to records, reports, files, and other
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<br /> documents so that the program, management, and fiscal practices may be monitored by Federal
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<br /> representatives directly connected with the program area under this Agreement.
<br /> 5. Moditicatioas of Agreement: In addition to Attachment 5, Item 18, General
<br /> Conditions, no amendment, modification, alteration, change, or extension of any term, provision,
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<br /> or condition of this Agreement may be made during the last thirty (30) calendar days of the
<br /> Agreement, unless the STATE initiates or consents to the request for an amendment, modification,
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<br /> alteration, change, or extension of any term, provision, or condition of this Agreement. The
<br /> failure to execute the modification of agreement in accordance with this Agreement nullifies the
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<br /> proposed modification.
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