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6. Termination. <br />a. In the event of any of the circumstances set forth below (hereinafter referred <br />to as "default"), the County may immediately terminate this Agreement, in <br />whole or in part, and from time to time. Notice of termnation must be in <br />writing, state the reason or reasons for the termination, and specify the <br />effective date of the termination: <br />i. In the event that Provider shall cease to exist as an organization ox <br />shall enter bankruptcy proceedings, be declared insolvent, or liquidate <br />all or substantially all of its assets, or significantly reduce its services <br />or accessibility to Orange County residents during the term of this <br />Agreement; or <br />ii. In the event that Provider shall fail to render a satisfactory <br />accounting as provided section 4 above, the County may terminate <br />this Agreement and Provider shall return all payments already made <br />to it by the County fox services which have not been provided or for <br />which no satisfactory accounting has been rendered; or <br />iii. In the event of any fraudulent representation by the Provider in an <br />invoice or other verification required to obtain payment under this <br />Agreement or other dishonesty on a material matter relating to the <br />performance of services under this Agreement. <br />iv. Nonperformance, incomplete service or performance, or failure to <br />satisfactorily perform any part of the work identified in the Scope of <br />Services or to comply with any provision of this Agreement, as <br />determined by the County in its sole discretion. <br />v. Failure to adhere to the terms of applicable county, state or federal <br />laws, regulations, or stated public policy. <br />b. In the event of default by the Provider, the county may elect to terminate this <br />Agreement, in whole or in part and/or require the Provider to repay the <br />funds within seven (~ from written notice of default. The County may (but <br />shall not be required to) grant the Provider an opportunity to cure the default <br />without termination of this Agreement. This clause shall not be interpreted <br />to limit the County's remedies in law or in equity. <br />c. Notwithstanding the foregoing, either party may terminate the agreement at <br />any time without penalty; provided that written notice of such termination is <br />furnished to the other. party at least 30 days .prior to termination. In the <br />event of such termination, any payment due shall be prorated to the date of <br />termination and any unused funds shall be returned to the County within 10 <br />days of termination. <br />AnimalKind, Inc. <br />Orange County Performance Agreement <br />Page 5 of 9 <br />