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~ <br /> <br /> . Fund Exchange Agreement Page 4 <br /> OZ/C)2100 <br /> l <br /> and after receipt of written notice from State fails to correct <br /> such failures within 10 days or such longer period as State may <br /> authorize. <br /> 2. Either party may terminate this agreement effective upon delivery of <br /> written notice to other party, or at such later date as may be <br /> . established by the terminating party, under any . of the following <br /> conditions: <br /> a. If either party fails to receive funding, appropriations, limitations <br /> or other expenditure authority at levels sufficient to pay for the <br /> . ~ work provided in the agreement. <br /> b. If Federal or state laws, regulations or guidelines are modified <br /> or interpreted in such a way that either the work under this <br /> agreement is prohibited. or either party is prohibited from paying <br /> for such work from the planned funding source. <br /> 3. Any termination of this agreement shall not prejudice any rights or <br /> obligations accrued to the parties prior to termination. <br /> M. State and Agency hereto agree that if any term or provision of this <br /> agreement is -declared by a court of competent jurisdiction to be invalid, <br /> unenforceable, illegal or in conflict with any law, the, validity -of the <br /> remaining terms and provisions shall not be affected, and the rights and <br /> obligations of the parties shall be construed and enforced .as if the - <br /> agreement did not contain the particular term or provision held to be <br /> invalid. <br /> 6: Agency personnel who sign this agreement shall be duly authorized to do so.by the <br /> City Council. <br /> 7. This agreement and attached exhibits constitute the entire agreement between the <br /> parties on the subject matter hereof. There are no understandings, agreements, or <br /> representations, oral or written, not specified herein regarding this agreement. No <br /> waiver, consent, modification or change of terms of this agreement shall bind either <br /> party unless in writing and signed by both parties and all necessary approvals have <br /> been obtained. Such waiver, consent, modification or change, if made, shall be <br /> effective only in the specific instance and for the specific purpose given. The failure - <br /> of State to enforce any provision of this agreement shall not constitute a waiver by <br /> State of that or any other provision. <br /> <br />