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4 <br />• SAMPLE PERFORMANCE AGREEMENT <br />(See italicized Clause 6. Non-Discrimination Policy for proposed change <br />To the extent authorized by law, the recipient will hold the County harmless against any <br />claim or. action for damages, injury, or death relating to use of these funds or acts of its <br />employees or agents. <br />2. Payment and Documentation <br />The appropriation shall be paid to `The Agency" in quarterly installments. Each <br />installment will be for (dollar amount). <br />3. Semiannual Reports <br />The `The Agency" will provide the County Manager with semi-annual reports including <br />demographic information on Orange County, Chapel Hill, Carrboro and Hillsborough <br />residents served. These reports will also include a budget breakdown showing <br />expenditures of County appropriations. The reports shall include the amount of <br />expenditures during the reporting time period and year-to-date amounts, the number of <br />individuals receiving services during reporting time period and year-to-date numbers. <br />Semi-annual reports will be due on January 15, 20XX and July 15, 20XX. In addition, <br />`The Agency" agrees to allow the County to inspect its financial books and records upon <br />reasonable notice during normal working- hours. <br />4. Termination for Cause <br />In the event that `The Agency" shall cease to exist as an organization or shall enter <br />bankruptcy proceedings, or be declared insolvent, or liquidate all or substantially all of its <br />assets, or shall significantly reduce its services or accessibility to Orange County <br />residents during the term of this Agreement, or in the event that `The Agency" shall fail to <br />render a satisfactory accounting as provided herein, then and in that event the County <br />may terminate this Agreement and `The Agency"will return all payments already made to <br />it by the County for services which have not been provided or for which no satisfactory <br />accounting has been rendered. Notwithstanding the foregoing, either party may <br />terminate the agreement at any time without penalty; provided that written notice of such <br />termination is furnished to the other party at least 30 days prior to termination. In the <br />event of such termination, any payment due shall be pro rated to the date of termination. <br />5. Fund Balance <br />Should `The Agency" end the 20XX-XX fiscal year with a fund balance (excess of <br />revenues over expenditures), the County's pro rata share of those funds may be retained <br />for the subsequent year for the purposes which they were originally appropriated by the <br />County and in such event this Agreemen# shall be deemed a continuing and binding <br />• Agreement, as herein amended, by and through the completion of the program in such <br />subsequent fiscal year and `The Agency" shall, by retaining such funds, be obligated to <br />conduct and complete such program in the subsequent fiscal year. However, <br />