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4 <br /> <br />& Wildlife Services and any other agency responsible for wildlife or/and their <br />rehabilitation. <br /> <br />5. 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 <br />part, and from time to time. Notice of termination must be in writing, state the <br />reason or reasons for the termination, and specify the effective date of the <br />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 by section 4 above, the County may terminate this Agreement and <br />Provider shall return all payments already made to it by the County for <br />services which have not been provided or for which no satisfactory <br />accounting has 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) days from written notice of default. The County may (but shall not be <br />required to) grant the Provider an opportunity to cure the default without <br />termination of this Agreement. This clause shall not be interpreted to limit the <br />County’s remedies in law 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, <br />any payment due shall be prorated to the date of termination and any unused funds <br />shall be returned to the County within 10 days of termination. <br /> <br />DocuSign Envelope ID: 86B60728-3121-4331-9090-EA4C87C3C102