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8 <br />will be no sooner than the 10th of the month. County will make payments within <br />30 days of the date of each bill, provided requisitioned funds for such have been <br />received. County reserves the right to refuse payment for meals if any menu item <br />is omitted or is unacceptable per the terms of this agreement. The County has the <br />option to offer partial payment for said meals. <br />13. The amount of this Agreement for the period November 1, 2009 through June 30, <br />- 2010 shall not exceed $92,250; and for the period 7uly 1, 2010 through--June 30; <br />2011 shall not exceed $145,000. The fiscal arrangements for this Agreement is <br />based upon the following number of approximate congregate meals for the period <br />from November 1, 2009 through June 30, 2010, hereunder with an option to <br />renew for an additional one year extension from July 1, 2010 through June 30, <br />2011: <br />For the period from November 1, 2009 through June 30, 2010, 24,600 congregate <br />meals for an eight month period averaging approximately 150 meals per day x <br />164 days = 24,600 meals. A full year extension contract shall be 150 meals per <br />day x 250 days = 37,500 congregate meals for FY 10-11. <br />14. Caterer will maintain records which prove that $.60, or the appropriate amount <br />designated by the U. S. Department of Agriculture, of food purchased per meal <br />was produced and grown in the United States of America in accordance with State <br />and Federal Regulations. <br />15. County may, from time to time, require changes in the number of meals to be <br />prepared by Caterer. Such changes which are mutually agreed upon by and <br />between the County and Caterer shall be incorporated in written amendments to <br />this Agreement. Any agreed on amendments should give either party a 60 day <br />notice of changes unless otherwise agreed. <br />16. This Agreement shall remain in effect (subject to the provisions identified in <br />Paragraphs 4f, 7, 17, 18, or 27) until terminated by Caterer giving the County <br />sixty (60) business days prior written notice of intention to terminate as of the <br />date specified, or by County giving Caterer sixty (60) business days prior written <br />notice of intention to terminate as of the date specified. Any notice of termination <br />shall be sent to the parties identified in paragraph 28 below by certified mail with <br />a signed receipt. The termination notice period will begin on the date of the <br />receipt of the notice of termination by either parry. <br />17. This Agreement shall remain in full force and effect until June 30, 2010 (or, if <br />extended, until June 30, 2011), or until terminated as herein provided. <br />18. In the event that funds are terminated or otherwise unavailable for the purposes <br />set forth in this agreement, this Agreement is null and void, releasing County and <br />Caterer from further obligations contained herein. Meals delivered by Caterer and <br />accepted by County prior to fund termination or other unavailability of funds will <br />be reimbursed as set forth in the,terms of this Agreement. <br />19. Caterer shall compensate the County for any loss, damage, spoilage or shortage of <br />food (including attorney's fees and the cost of litigation) caused by negligent acts <br />or omissions of Caterer's agents or employees in carrying out the terms of this <br />Agreement. Caterer shall defend, indemnify and otherwise hold harmless the <br />County against any claim or suit involving personal injury or property damage <br />arising out of the transports-tion of meals to the various project site(s) and any <br />