RES 243 Draft 01 2010-2012 - Laserfiche WebLink

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required herein as so extended by the specific terms of such extension, nor a waiver of right to terminate this Agreement for any other or additional delay not covered by the specific terms of such extension. 12. ABANDONMENT OF THE PROGRAM, DEATH OR DISABILITY OF DOE. In the event the County terminates this Agreement because it wishes to abandon, defer, restudy or revise the program, or in the event the DOE, in the case of an individual, dies or becomes physically or mentally disabled, the DOE or the DOE's estate shall be compensated in the same proportion of the compensation under this Agreement as the services performed bear to the services to be performed under this Agreement. 13. RIGHT OF THE COUNTY TO TERMINATE. The County shall have the right to suspend performance under this Agreement or terminate this Agreement in whole or in part at any time by written notice to the DOE. If the termination is for reasons other than default of the DOE as provided in paragraph 14 hereinbelow, the DOE shall be compensated in accordance with paragraph 11 hereinabove. 14. TERMINATION DUE TO DOE'S DEFAULT. The County shall have the right to terminate this Agreement, if the DOE: a) Fails to begin work under this Agreement at the required times; or b) Unnecessarily delays the performance of this Agreement or any part thereof; or c) Fails to perform this Agreement in accordance with specified times; or d) Fails to perform this Agreement in accordance with directions from the Managing Director or Program Manager; or e) Discontinues performance of this Agreement; or f} Becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency; or g) Fails to pay for all labor, tools, material and/or equipment; or h) Violates or fails to comply with any of the terms, covenants and conditions of this Agreement. 4