Suspension or Termination. 1. Either party may terminate this Agreement at any time by giving written notice to the other party of such termination and specifying the effective date thereof at least thirty (30) days before the effective date of such termination. In the event of any such termination for convenience, all finished or unfinished documents, reports or other materials prepared by BACR under this Agreement shall, at the option of the DISTRICT, become the property of the DISTRICT. Also, the DISTRICT is not responsible for any identified invoices in Paragraph III of the Agreement after the effective date of termination. However, invoices maybe submitted for payments due within in the 30 day time period within a reasonable time after termination. 2. DISTRICT may also suspend or terminate this Agreement, in whole or in part, where, in the determination of the DISTRICT: a. There is an illegal or improper use of the funds provided by the DISTRICT; or b. There is a failure to comply with any terms, covenants, or conditions of this Agreement or exhibits thereto; or c. There are reports submitted to the DISTRICT that are incomplete, untimely or incorrect in any material respect; or d. The BACR is incapable of carrying out the proposed services, or those services are improperly performed; or e. There are insufficient funds budgeted to continue the provision of services under this Agreement. 3. If the BACR materially fails to comply with any term of this Agreement or with any of the laws, rules, regulations or provisions referred to herein, the DISTRICT may declare the BACR ineligible for any further participation in DISTRICT agreements, in addition to other remedies as provided by law. 4. In the event there is probable cause to believe the BACR is in noncompliance with any applicable laws, rules or regulations, the DISTRICT will notify BACR as soon as practicable. BACR, in turn, will be given ten (10) working days within which to comply or remedy the situation. In the absence of compliance, the DISTRICT may withhold up to fifty (50) percent of said Agreement funds until such time as the BACR is found to be in compliance by the DISTRICT, or is otherwise adjudicated to be in compliance. 5. If suspension or termination is in order, the DISTRICT will provide at least ten (10) days written notice to the BACR.
Appears in 7 contracts
Samples: Agreement for Development of After School Education and Safety Program, Independent Contractor Agreement, Agreement for Development of After School Education and Safety Program
Suspension or Termination. 1. Either party a. The Department may terminate this Agreement at any time by giving written notice to the other party of such termination and specifying the effective date thereof at least thirty (30) days before the effective date of such termination. In the event of any such termination for convenience, all finished or unfinished documents, reports or other materials prepared by BACR under this Agreement shall, at the option of the DISTRICT, become the property of the DISTRICT. Also, the DISTRICT is not responsible for any identified invoices in Paragraph III of the Agreement after the effective date of termination. However, invoices maybe submitted for payments due within in the 30 day time period within a reasonable time after termination.
2. DISTRICT may also suspend or terminate this Agreementcontract, in whole or in part, where, in the determination of the DISTRICT:
a. There is an illegal or improper use of the funds provided by the DISTRICT; or
b. There is a failure to comply with any terms, covenants, or conditions of this Agreement or exhibits thereto; or
c. There are reports submitted to the DISTRICT that are incomplete, untimely or incorrect in any material respect; or
d. The BACR is incapable of carrying out the proposed services, or those services are improperly performed; or
e. There are insufficient funds budgeted to continue the provision of services under this Agreement.
3. If the BACR if Contractor materially fails to comply with any term of this Agreement or contract, including but not limited to:
(1) Failure to comply with any of the laws, rules, regulations or provisions referred to herein, the DISTRICT or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may declare the BACR ineligible become applicable at any time;
(2) Failure, for any further participation reason, of Contractor to fulfill its obligations under this contract within the timeframes and manner as specified by the Department;
(3) Failure to complete activities in DISTRICT agreementsaccordance with the Project Implementation Schedule;
(4) Failure to submit to the Department, within the timeframes and manner as specified by the Department, any report required by this contract;
(5) Submission of reports to the Department that are incorrect or incomplete in any material respect; or
(6) Misuse or improper use of funds provided under this contract.
b. Knowingly making false statements or providing false information on a grant application, certification, or report submitted to the Department is grounds for termination of the contract award.
c. The contract may also be terminated for convenience, in addition whole or in part, only as follows:
(1) by the Department with the consent of Contractor in which case the two parties shall agree upon the termination conditions, including the effective date and in the case of partial termination, the portion to other remedies be terminated; or
(2) by Contractor upon written notification to the Department, setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. However, if, in the case of a partial termination, the Department determines that the remaining portion of the award will not accomplish the purposes for which the award was made, the Department may terminate the award in its entirety.
d. Upon termination or receipt of notice to terminate, whichever occurs first, Contractor shall cancel, withdraw, or otherwise terminate any outstanding orders or subcontracts related to the performance of this contract or the portion of this contract to be terminated, as applicable, and shall cease to incur costs thereunder. The Department shall not be liable to Contractor for costs incurred after termination of this contract.
e. Notwithstanding any exercise by the Department of its right of suspension or termination as provided in this Section, Contractor shall not be relieved of any liability to the Department for damages due to the Department by law.
4virtue of any breach of this contract by Contractor. In the event there is probable cause to believe the BACR is in noncompliance with any applicable laws, rules or regulations, the DISTRICT will notify BACR as soon as practicable. BACR, in turn, will be given ten (10) working days within which to comply or remedy the situation. In the absence of compliance, the DISTRICT The Department may withhold up payments to fifty (50) percent of said Agreement funds Contractor until such time as the BACR exact amount of damages due to the Department from Contractor is found to be in compliance by the DISTRICT, agreed upon or is otherwise adjudicated to be in compliancedetermined.
5. If suspension or termination is in order, the DISTRICT will provide at least ten (10) days written notice to the BACR.
Appears in 3 contracts
Samples: Construction Contract, Community Development Fund Agreement, Contract Agreement
Suspension or Termination. 1. Either party may terminate this Agreement at any time by giving written notice to the other party of such termination and specifying the effective date thereof at least thirty (30) days before the effective date of such termination. In the event of any such termination for convenience, all finished or unfinished documents, reports or other materials prepared by BACR CITY under this Agreement shall, at the option of the DISTRICT, become the property of the DISTRICT. Also, the DISTRICT is not responsible for any identified invoices in Paragraph III of the Agreement after the effective date of termination. However, invoices maybe may be submitted for payments due within in the 30 day time period within a reasonable time after termination.
2. DISTRICT may also suspend or terminate this Agreement, in whole or in part, where, in the determination of the DISTRICT:
a. There is an illegal or improper use of the funds provided by the DISTRICT; or
b. There is a failure to comply with any terms, covenants, or conditions of this Agreement or exhibits thereto; or
c. There are reports submitted to the DISTRICT that are incomplete, untimely or incorrect in any material respect; or
d. The BACR CITY is incapable of carrying out the proposed services, or those services are improperly performed; or
e. There are insufficient funds budgeted to continue the provision of services under this Agreement.
3. If the BACR CITY materially fails to comply with any term of this Agreement or with any of the laws, rules, regulations or provisions referred to herein, the DISTRICT may declare the BACR CITY ineligible for any further participation in DISTRICT agreements, in addition to other remedies as provided by law.
4. In the event there is probable cause to believe the BACR CITY is in noncompliance with any applicable laws, rules or regulations, the DISTRICT will notify BACR CITY as soon as practicable. BACRCITY, in turn, will be given ten (10) working days within which to comply or remedy the situation. In the absence of compliance, the DISTRICT may withhold up to fifty (50) percent of said Agreement funds until such time as the BACR CITY is found to be in compliance by the DISTRICT, or is otherwise adjudicated to be in compliance.
5. If suspension or termination is in order, the DISTRICT will provide at least ten (10) days written notice to the BACRCITY.
Appears in 2 contracts
Suspension or Termination. 1. Either party The Grantee may terminate this Agreement at any time by giving written notice pursue such remedies as are available to the other party it in accordance with 24 CFR 85.43, including but not limited to suspension or termination of such termination and specifying the effective date thereof at least thirty (30) days before the effective date of such termination. In the event of any such termination for convenience, all finished or unfinished documents, reports or other materials prepared by BACR under this Agreement shall, at the option of the DISTRICT, become the property of the DISTRICT. Also, the DISTRICT is not responsible for any identified invoices in Paragraph III of the Agreement after the effective date of termination. However, invoices maybe submitted for payments due within in the 30 day time period within a reasonable time after termination.
2. DISTRICT may also suspend or terminate this Agreement, in whole or in part, where, in if the determination of the DISTRICT:
a. There is an illegal or improper use of the funds provided by the DISTRICT; or
b. There is a failure to comply with any terms, covenants, or conditions of this Agreement or exhibits thereto; or
c. There are reports submitted to the DISTRICT that are incomplete, untimely or incorrect in any material respect; or
d. The BACR is incapable of carrying out the proposed services, or those services are improperly performed; or
e. There are insufficient funds budgeted to continue the provision of services under this Agreement.
3. If the BACR Subrecipient materially fails to comply with any term terms or conditions of this Agreement or Agreement, which include, but are not limited to, the following:
1. Failure to comply with any of the laws, rules, regulations or provisions referred to herein, the DISTRICT or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may declare the BACR ineligible become applicable at any time.
2. Failure, for any further participation reason, of the Subrecipient to fulfill in DISTRICT agreements, in addition to other remedies as a timely and proper manner its obligations under this Agreement.
3. Ineffective or improper use of funds provided by lawunder this Agreement.
4. In the event there is probable cause to believe the BACR is in noncompliance with any applicable laws, rules or regulations, the DISTRICT will notify BACR as soon as practicable. BACR, in turn, will be given ten (10) working days within which to comply or remedy the situation. In the absence of compliance, the DISTRICT may withhold up to fifty (50) percent of said Agreement funds until such time as the BACR is found to be in compliance Submission by the DISTRICT, Subrecipient to the Grantee reports that are incorrect or is otherwise adjudicated to be incomplete in complianceany material respect.
5. If Failure to take satisfactory corrective action as directed by the County. In accordance with 24 CFR 85.44, this Agreement may also be terminated for convenience by either the Grantee or the Subrecipient, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. If, in the case of a partial termination, however, the Grantee determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the Grantee may terminate the award in its entirety. In the event funding from the Federal government is withdrawn, reduced, or limited in any way after the effective date of this Agreement but prior to its normal completion, the County may summarily terminate this Agreement as to the funds reduced or limited, notwithstanding any other termination provisions of this agreement. Termination under this Section shall be effective upon receipt of written notice. In the case of a suspension or termination is in ordertermination, the DISTRICT will provide at least ten (10) days written notice monies already received under this Agreement may be owed back to the BACRCounty and the County may also declare the Subrecipient ineligible for further participation in the CDBG program.
Appears in 2 contracts
Samples: Subrecipient Agreement, Subrecipient Agreement
Suspension or Termination. Grantor may withhold payment under this Agreement, suspend or terminate the Agreement in whole or part for cause, which shall include, but is not limited to: (1. Either party ) failure for any reason by Grantee to fulfill in a timely and proper manner its obligations under this Agreement, or other agreements entered into between the parties, including compliance with the approved program and any and all statutes, Executive Orders, regulations, directives, guidelines, plans or other requirements as may terminate become generally applicable at any time; (2) Grantor determines that the governing board of Grantee cannot or will not take the necessary action to bring Grantee into compliance with applicable requirements of 10 CFR Part 600, with the requirements of any applicable program statute or rule, or with any other term or condition of this Agreement at within the time period allowed by Agreement or as approved by Grantor; (3) Grantor determines that the nature or extent of noncompliance is extreme and warrants immediate termination of this Agreement; (4) Grantee ceases to exist or becomes legally incapable of performing its responsibilities under the Agreement; (5) Grantee has failed to comply with any time timelines for the expenditure of Grant Funds as required by giving written notice Grantor; (6) ineffective or improper use of the Grant Funds provided under this Agreement; (7) failure to comply with reporting requirements including, but not limited to, submission by Grantee to Grantor of reports that are incorrect or incomplete in any material respect; (8) suspension or termination of any funds provided under this Agreement, or the other party portion thereof delegated by this Agreement; and (9) cancellation of such termination grant funds from HHS or DOE. Grantee acknowledges that timely performance and specifying attainment of performance measurements are material to Grantee’s compliance with this Agreement and a priority of the effective date thereof at least thirty (30) days before federal and state governments in the effective date administration of such terminationthe Grant Funds. In the event of any such termination for convenience, all finished or unfinished documents, reports or other materials prepared by BACR under this Agreement shall, at the option of the DISTRICT, become the property of the DISTRICT. Also, the DISTRICT is not responsible for any identified invoices Grantee fails to attain interim performance measurements as provided in Paragraph III of the Agreement after the effective date of termination. However, invoices maybe submitted for payments due within in the 30 day time period within a reasonable time after termination.
2. DISTRICT may also suspend or terminate this Agreement, Grantor may, in addition to withholding funds or suspending or terminating the Agreement in whole or in part, where, in the determination of the DISTRICT:
a. There is an illegal or improper use of the funds provided by the DISTRICT; or
b. There is a failure to comply with any terms, covenants, or conditions of remove Grant Funds and service territory from this Agreement or exhibits thereto; or
c. There are reports submitted and enter into agreements with other persons to perform the DISTRICT that are incomplete, untimely or incorrect Project in any material respect; or
d. The BACR is incapable of carrying out the proposed services, or those services are improperly performed; or
e. There are insufficient funds budgeted to continue the provision of services under this Agreementsuch removed service territories.
3. If the BACR materially fails to comply with any term of this Agreement or with any of the laws, rules, regulations or provisions referred to herein, the DISTRICT may declare the BACR ineligible for any further participation in DISTRICT agreements, in addition to other remedies as provided by law.
4. In the event there is probable cause to believe the BACR is in noncompliance with any applicable laws, rules or regulations, the DISTRICT will notify BACR as soon as practicable. BACR, in turn, will be given ten (10) working days within which to comply or remedy the situation. In the absence of compliance, the DISTRICT may withhold up to fifty (50) percent of said Agreement funds until such time as the BACR is found to be in compliance by the DISTRICT, or is otherwise adjudicated to be in compliance.
5. If suspension or termination is in order, the DISTRICT will provide at least ten (10) days written notice to the BACR.
Appears in 1 contract
Samples: Grant Agreement
Suspension or Termination. 1. Either party may terminate this Agreement contract at any time by giving written notice to the other party of such termination and specifying the effective date thereof at least thirty (30) 30 days before the this effective date of such termination. Partial terminations of the Scope of Service in Paragraph I above may only be undertaken with the prior approval of the City. In the event of any such termination for convenience, all finished or unfinished documents, data, studies, surveys, maps, models, photographs, reports or other materials material prepared by BACR the Subrecipient under this Agreement shall, shall at the option of the DISTRICTCity, become the property of the DISTRICT. AlsoCity, and the DISTRICT is not responsible Subrecipient shall be entitled to receive just and equitable compensation for any identified invoices in Paragraph III of satisfactory work completed on such documents or materials prior to the Agreement after the effective date of termination. However, invoices maybe submitted for payments due within in the 30 day time period within a reasonable time after termination.
2. DISTRICT The City may also suspend or terminate this Agreement, in whole or in part, where, in if the determination of the DISTRICT:
a. There is an illegal or improper use of the funds provided by the DISTRICT; or
b. There is a failure to comply with any terms, covenants, or conditions of this Agreement or exhibits thereto; or
c. There are reports submitted to the DISTRICT that are incomplete, untimely or incorrect in any material respect; or
d. The BACR is incapable of carrying out the proposed services, or those services are improperly performed; or
e. There are insufficient funds budgeted to continue the provision of services under this Agreement.
3. If the BACR Subrecipient materially fails to comply with any term of this Agreement Agreement, or with any of the laws, rules, regulations or provisions referred to herein, ; and the DISTRICT City may declare the BACR Subrecipient ineligible for any further participation in DISTRICT agreementsthe City's contracts, in addition to other remedies as provided by law.
4. In the event there is probable cause to believe the BACR that Subrecipient is in noncompliance with any applicable laws, rules or regulations, the DISTRICT will notify BACR as soon as practicable. BACR, in turn, will be given ten (10) working days within which to comply or remedy the situation. In the absence of compliance, the DISTRICT City may withhold up to fifty fifteen (5015) percent of said Agreement contract funds until such time as the BACR Subrecipient is found to be in compliance by the DISTRICT, City or is otherwise adjudicated to be in compliance.
5. If suspension or termination is in orderIn keeping with 2 CFR Part 200, the DISTRICT will provide City may suspend or terminate this Agreement if the Subrecipient materially fails to comply with any terms of this Agreement, which include (but are not limited to), the following:
1. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at least ten (10) days written notice any time;
2. Failure, for any reasons, of the Subrecipient to fulfill in a timely and proper manner its obligations under this Agreement;
3. Ineffective or improper use of funds provided under this Agreement; or
4. Submission by the Subrecipient to the BACR.City reports that are incorrect or incomplete in any material respect VIII. ADMINISTRATIVE REQUIREMENTS A Financial Management The Subrecipient agrees to comply with 2 CFR Part 200, "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards" except as modified in 24 CFR 570.502..
Appears in 1 contract
Suspension or Termination. 1In accordance with 24 CFR 85.42, suspension or termination may occur if the CHDO materially fails to comply with any term of this agreement. The grantee may permit the agreement to be terminated for convenience in accordance with 24 CFR 85.44. Either party may terminate this Agreement contract at any time by giving written notice to the other party of such termination and specifying the effective date thereof at least thirty (30) 30 days before the effective date of such termination. Partial termination of the Scope of Service in Paragraph 1.A. above may only be undertaken with the prior approval of the GRANTEE. In the event of any such termination for convenience, all finished or unfinished documents, data, studies, surveys, maps, models, photographs, reports or other materials prepared by BACR the CHDO under this Agreement shall, at the option of the DISTRICTGRANTEE, become the property of the DISTRICT. AlsoGRANTEE, and the DISTRICT is not responsible CHDO shall be entitled to receive just and equitable compensation for any identified invoices in Paragraph III of satisfactory work completed on such documents or materials prior to the Agreement after the effective date of termination. However, invoices maybe submitted for payments due within in the 30 day time period within a reasonable time after termination.
2. DISTRICT The GRANTEE may also suspend or terminate this Agreement, in whole or in part, where, in if the determination of the DISTRICT:
a. There is an illegal or improper use of the funds provided by the DISTRICT; or
b. There is a failure to comply with any terms, covenants, or conditions of this Agreement or exhibits thereto; or
c. There are reports submitted to the DISTRICT that are incomplete, untimely or incorrect in any material respect; or
d. The BACR is incapable of carrying out the proposed services, or those services are improperly performed; or
e. There are insufficient funds budgeted to continue the provision of services under this Agreement.
3. If the BACR materially CHDO fails to comply with any term of this Agreement Agreement, or with any of the laws, rules, regulations or provisions referred to herein, ; and the DISTRICT GRANTEE may declare the BACR CHDO ineligible for any further participation in DISTRICT agreementsthe GRANTEE’s contracts, in addition to other remedies as provided by law.
4. In the event there is probable cause to believe the BACR CHDO is in noncompliance with any applicable laws, rules or regulationsregulation, the DISTRICT will notify BACR as soon as practicable. BACR, in turn, will be given ten (10) working days within which to comply or remedy the situation. In the absence of compliance, the DISTRICT GRANTEE may withhold up to fifty fifteen percent (5015%) percent of said Agreement contract funds until such time as the BACR CHDO is found to be in compliance by the DISTRICTGRANTEE, or is otherwise adjudicated to be in compliance.
5. If suspension The GRANTEE may also terminate this agreement in the event of an emergency or disaster, whether an act of God, natural or man made, by giving twenty-four (24) hours notice. The GRANTEE may give said notice verbally to CHDO. Any expenditures incurred prior to receiving notice will be reimbursed; however, in no event shall the GRANTEE pay any expenses incurred after notice of termination is in order, the DISTRICT will provide at least ten (10) days written notice to the BACRreceived by CHDO.
Appears in 1 contract
Suspension or Termination. 1. Either party may terminate this Agreement at any time by giving written notice to the other party of such termination and specifying the effective date thereof at least thirty (30) days before the effective date of such termination. Partial terminations of the Scope of Service in Paragraph 1.1. above may only be undertaken with the prior written approval of the COUNTY. The award made pursuant to this agreement may be terminated for convenience in accordance with 24 CFR 85.44 by either COUNTY or HABITAT by setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. However, if in the case of a partial termination, COUNTY determines that the remaining portion of the award will not accomplish the purpose for which the award was made, COUNTY may terminate the award in its entirety. In the event of any such termination for convenience, all finished or unfinished documents, data, reports or other materials prepared by BACR HABITAT under this Agreement shall, at the option of the DISTRICTCOUNTY, become the property of the DISTRICTCOUNTY. AlsoIn accordance with 24 CFR § 85.43, the DISTRICT is not responsible for any identified invoices in Paragraph III of the Agreement after the effective date of termination. However, invoices maybe submitted for payments due within in the 30 day time period within a reasonable time after termination.
2. DISTRICT COUNTY may also suspend or terminate this Agreement, in whole or in part, where, in the determination of the DISTRICT:
a. There is an illegal or improper use of the funds provided by the DISTRICT; or
b. There is a failure to comply with any terms, covenants, or conditions of this Agreement or exhibits thereto; or
c. There are reports submitted to the DISTRICT that are incomplete, untimely or incorrect in any material respect; or
d. The BACR is incapable of carrying out the proposed services, or those services are improperly performed; or
e. There are insufficient funds budgeted to continue the provision of services under this Agreement.
3. If the BACR if HABITAT materially fails to comply with any term of this Agreement or Agreement, which include, but are not limited to the following:
A. Failure to comply with any of the laws, rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time;
B. Failure, for any reason, of HABITAT to fulfill in a timely and proper manner its obligations under this Agreement;
C. Ineffective or improper use of funds provided under this Agreement; or
D. Submission by HABITAT to the DISTRICT COUNTY reports that are incorrect or incomplete in any material respect. The COUNTY may declare the BACR HABITAT ineligible for any further participation in DISTRICT agreementsCOUNTY contracts, in addition to other remedies as provided by law.
4. In Should HABITAT fail to cure or correct such defects or failures identified by the event there is probable cause COUNTY within the fifteen (15) days after notification of deficiencies, and such breach of contract relates to believe a violation of federal law or regulations which results in a demand for reimbursement from the BACR is in noncompliance with any applicable laws, rules Department of Housing and Urban Development (HUD) or regulationsits successor, the DISTRICT will notify BACR as soon as practicableCOUNTY may seek reimbursement of all funds from the COUNTY to HABITAT under this Agreement. BACR, in turn, will HABITAT shall not be given ten (10) working days within which relieved of the liability to comply or remedy the situation. In COUNTY for damages sustained by the absence COUNTY by virtue of compliance, any breach of this Agreement by HABITAT and the DISTRICT COUNTY may withhold up any payments to fifty (50) percent of said Agreement funds HABITAT for the purpose as set out and until such time as the BACR exact amount of damages due the COUNTY from the HABITAT is found determined. Should the COUNTY become aware of any activity by HABITAT which would jeopardize the COUNTY's position with HUD which would cause a payback of CDBG funds or other COUNTY federal funds then the COUNTY may take appropriate action including injunctive relief against HABITAT to be prevent the transaction as aforesaid. The failure of the COUNTY to exercise this right shall in compliance no way constitute a waiver by the DISTRICT, COUNTY to demand payment or is otherwise adjudicated seek any other relief in law or in equity to which it may be in compliancejustly entitled.
5. If suspension or termination is in order, the DISTRICT will provide at least ten (10) days written notice to the BACR.
Appears in 1 contract
Suspension or Termination. 1. Either party may terminate this Agreement at any time by giving written notice to the other party of such termination and specifying the effective date thereof at least thirty (30) days before the effective date of such termination. In the event of any such termination for convenience, all finished or unfinished documents, reports or other materials prepared by BACR PARK DISTRICT under this Agreement shall, at the option of the SCHOOL DISTRICT, become the property of the SCHOOL DISTRICT. Also, the DISTRICT is not responsible for any identified invoices in Paragraph III of the Agreement after the effective date of termination. However, invoices maybe submitted for payments due within in the 30 day time period within a reasonable time after termination.
2. SCHOOL DISTRICT may also suspend or terminate this Agreement, in whole or in part, where, in the determination of the SCHOOL DISTRICT:
a. There is an illegal or improper use of the funds provided by the SCHOOL DISTRICT; or
b. There is a failure to comply with any terms, covenants, or conditions of this Agreement or exhibits thereto; or
c. There are reports submitted to the SCHOOL DISTRICT that are incomplete, untimely incomplete or incorrect in any material respect; or
d. The BACR PARK DISTRICT is incapable of carrying out the proposed services, or those services are improperly performed; or
e. There are insufficient funds budgeted to continue the provision of services under this Agreement.
3. If the BACR PARK DISTRICT materially fails to comply with any term of this Agreement or with any of the laws, rules, regulations or provisions referred to herein, the SCHOOL DISTRICT may declare the BACR PARK DISTRICT ineligible for any further participation in SCHOOL DISTRICT agreements, in addition to other remedies as provided by law.
4. In the event there is probable cause to believe the BACR PARK DISTRICT is in noncompliance with any applicable laws, rules or regulations, the SCHOOL DISTRICT will notify BACR PARK DISTRICT as soon as practicable. BACRPARK DISTRICT, in turn, will be given ten (10) working days within which to comply or remedy the situation. In the absence of compliance, the SCHOOL DISTRICT may withhold up to fifty (50) percent of said Agreement funds until such time as the BACR PARK DISTRICT is found to be in compliance by the SCHOOL DISTRICT, or is otherwise adjudicated to be in compliance.
5. If suspension or termination is in order, the DISTRICT will provide at least ten (10) days written notice to the BACRPARK DISTRICT.
Appears in 1 contract