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AnimalKind, Inc. (Rev. 7/2021) <br />Orange County Performance Agreement <br />Page 4 of 9 <br /> <br />d. Reports shall be forwarded to the Orange County Animal Services Department. <br /> <br />e. Provider agrees to allow the County to inspect its financial books and records, which <br />document costs of those services, upon reasonable notice during normal working <br />hours. <br /> <br />6. Termination. <br /> <br />a. In the event of any of the circumstances set forth below (hereinafter referred to as <br />“default”), the County may immediately terminate this Agreement, in whole or in part, <br />and from time to time. Notice of termination must be in writing, state the reason or <br />reasons for the termination, and specify the effective date of the termination: <br /> <br />i. In the event that Provider shall cease to exist as an organization or shall enter <br />bankruptcy proceedings, be declared insolvent, or liquidate all or substantially <br />all of its assets, or significantly reduce its services or accessibility to Orange <br />County residents during the term of this Agreement; or <br /> <br />ii. In the event that Provider shall fail to render a satisfactory accounting as <br />provided section 4 above, the County may terminate this Agreement and <br />Provider shall return all payments already made to it by the County for services <br />which have not been provided or for which no satisfactory accounting has <br />been rendered; or <br /> <br />iii. In the event of any fraudulent representation by the Provider in an invoice or <br />other verification required to obtain payment under this Agreement or other <br />dishonesty on a material matter relating to the performance of services under <br />this Agreement. <br /> <br />iv. Nonperformance, incomplete service or performance, or failure to <br />satisfactorily perform any part of the work identified in the Scope of Services <br />or to comply with any provision of this Agreement, as determined by the <br />County in its sole discretion. <br /> <br />v. Failure to adhere to the terms of applicable county, state or federal laws, <br />regulations, or stated public policy. <br /> <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 funds within <br />seven (7) from written notice of default. The County may (but shall not be required <br />to) grant the Provider an opportunity to cure the default without termination of this <br />Agreement. This clause shall not be interpreted to limit the County’s remedies in law <br />or in equity. <br /> <br />c. Notwithstanding the foregoing, either party may terminate the agreement at any time <br />without penalty; provided that written notice of such termination is furnished to the <br />other party at least 30 days prior to termination. In the event of such termination, any <br />DocuSign Envelope ID: 2BEE123E-79FB-4B64-8AA6-BABB08743D25