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Fund Exchange Agreement Page 4 <br /> 10/18!00 <br /> and after receipt of written notice, from State fails to correct <br /> such failures within 10 da s or such lon er eriod as State may <br /> . Y 9 P <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. 1f 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 /> obli ations accrued to the arties prior to termination. <br /> 9 P <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 /> v lidi of the <br /> with an law the a <br /> I or in conflict <br /> unenforceable, ~Ilega Y tY <br /> remaining terms and provisions shall not be affected, and the .rights and <br /> obli ations of the arties shall be construed and enforced as if the <br /> 9 P <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 /> <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 /> ~ ' . ~ t <br /> <br />