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damages due the County from such breach can be determined. In case of default <br />by the Contractor, without limiting any other remedies for breach available to it, <br />the County may procure the contract services from other sources and hold the <br />Contractor responsible for any excess cost occasioned thereby. The filing of a <br />petition for bankruptcy by the Contractor shall be an act of default under this <br />contract. <br />d. Non-appropriation Clause. Contractor acknowledges that a "non-appropriation" <br />may occur when the County is unable to secure or allocate sufficient funds in its <br />operating budget to fulfill its financial obligations under the Agreement. If a non- <br />appropriation occurs during the term of the Contract, County may terminate the <br />Agreement at the end of the then-current fiscal period ("Termination Date") <br />without incurring any termination liability. <br />e. Neither party shall be deemed to be in default of its obligations hereunder if and <br />so long as it is prevented from performing such obligation by any act of war, <br />hostile foreign action, nucleaz explosion, riot, strikes, civil insurrection, hurricane, <br />tornado, or other catastrophic natural event or act of God. <br />6. Waiver. Waiver by the County of any default or breach in compliance with the terms <br />of this contract by the Contractor shall not be deemed a waiver of any subsequent <br />default or breach and shall not be construed to be modification of the terms of this <br />contract unless stated to be such in writing, signed by an authorized representative of <br />the County and the Contractor and attached to the contract. <br />7. For work on behalf of County that of necessity or for convenience will be performed <br />by Contractor at County-owned facilities, County agrees to provide basic <br />work/meeting space and reasonable administrative and technical support (to include <br />Internet connectivity) in any manner mutually acceptable to County and Contractor. <br />8. To the extent such access furthers the purposes of this contract, County shall provide <br />reasonable access to Contractor to appropriate County electronic records including, <br />but not necessarily limited to, electronic mail and network drives storing pertinent <br />electronic documents. Commensurate with any such access granted, Contractor <br />agrees to adhere to policies and procedures in place for County employees and others <br />provided with electronic records access. Any such access provided will be <br />established in a manner acceptable to County's Tax Administrator and will in no way <br />compromise the safety and security of County networks, systems, or documents. <br />9. Contractor agrees that it shall be responsible for the proper custody and care of any <br />property furnished to it for use in connection with the performance of this contract <br />and will reimburse the County for loss of, or damage to, such property. At the <br />termination of this contract, the Contractor shall contact the County for instructions as <br />to the disposition of such property and shall comply with these instructions. <br />4 <br />