2001 NS Health - Contract Renewal with Total Billing, Inc. for Animal Tax Mailing

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5 2. Cancellation for Cause. Upon default by either party of its obligations pursuant to this Agreement, including failure of either party to perform or fulfill any covenants or conditions set forth herein,the non-defaulting party may terminate this Agreement upon ten days written notice if the default is not cured within seven business days after notice of failure to pay within five business days after notice for any other default. 3. Substitute Performance. OCHD shall have the right to hire a third party to perform any act required of TBI by this Agreement if TBI fails to perform that act or correct the default within twenty-four hours notice. 4. Governmental Action. In the event any regulatory body, court, legislative body or administrative agency prohibits OCHD from having the bill and/or notice services contemplated under this Agreement performed by a party other than OCHD or attaches conditions to such performance which would be unduly burdensome in OCHD's opinion,this Agreement shall terminate immediately upon notice to TBI by OCHD. III. PAYMENT TO TBI 1. Initial Price. TBI will invoice OCHD monthly for all services. OCHD agrees to pay TBI within 15 days of receipt of an invoice for services performed as follows: (a) for the initial three-year term of this Agreement, computer processing, printing,handling and other labor costs together with all supplies including bill and/or notice card stock shall be: Estimated Annual Charges (based on numbers) each Number of bills and/or notices Rate Total 47,000 $0.105 $ 4,935. Postage $0.18 $ 8,460. Annual total for printing,postage, and mailing: $13,395. (b) A sum representing an estimate for postage to be metered by TBI shall be paid by OCHD to TBI two weeks prior to the mailing. (c) Total cost of this three-year Agreement will not exceed$40,185. Actual costs are based on the actual number of cards printed and mailed.