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~. <br />2. Cancellation for Cause. Upon default by either party of its obligations pursuant <br />to this Agreement, including failure of either party to perform or fulfill any <br />covenants or conditions set forth herein, the non-defaulting party may terminate <br />this Agreement upon ten days written notice ifthe default is not cured within <br />seven business days after notice of failure to pay within five business days after <br />notice for any other default. <br />3. Substitute Performance. OCHD shall have the right to hire a third party to <br />perform any act required of TBI by this Agreement if TBI fails to perform that act <br />or correct the default within twenty-four hours notice. <br />4. Governmental Action. In the event any regulatory body, court, legislative body <br />or administrative agency prohibits OCIiD from having the bill and/or notice <br />services contemplated under this Agreement performed by a party other than <br />OCI3D or attaches conditions to such performance which would be unduly <br />burdensome in OCHD's opinion, this Agreement shall terminate immediately <br />upon notice to TBI by OCHD. <br />III. PAYMENT TO TSI <br />1. Initial Price. TBI will invoice OCFID monthly for all services. OCHD agrees to <br />pay TBI within 15 days of receipt of an invoice for services performed as follows: <br />(a) for the initial three-year term of this Agreement, computer processing, <br />printing, handling and other labor costs together with all supplies including <br />bill and/or natice card stock shall be: <br />Estimated Annual Charges (based on numbers) each <br />T~umber of bills -and/or notices Rate Tatal <br />47,000 <br />Postage <br />$0.105 $ 4,935. <br />$0.18 8 460. <br />Annual total for printing, postage, and mailing: $13,395 <br />(b) A Burn representing an estimate for postage to be metered by TBI shall be paid <br />by OCHD to TBI two weeks prior to the mailing. <br />(c) Total cost of this three-yeaz Agreement will not exceed $40,185. Actual costs <br />aze based on the actual number of cazds printed and mailed. <br />