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this Agreement and Provider shall return all payments already made <br /> to it by the County for 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 (7) 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 /> d. Any termination of this Agreement for default under this section that is later <br /> deemed to be unjustified shall be deemed a termination for convenience. <br /> 7. Insurance. <br /> a. General Requirements. the Provider shall purchase and maintain,during the <br /> period of performance of this Agreement,insurance: <br /> i. Worker's Compensation. For protection from claims under workers' <br /> or workmen's compensation acts; <br /> ii. Comprehensive General Liability Insurance covering claims arising <br /> out of or relating to bodily injury,including bodily injury, sickness, <br /> disease or death of any of the Consultant's employees or any other <br /> person and to real and personal property including loss of use <br /> resulting thereof; <br /> AnimalKind,Inc. <br /> Orange County Perfomrance Agreement <br /> Page 5 of 9 <br />