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Fund Exchange Agreement Page 4 <br /> 03/17/03 <br /> 2. Either party may terminate this agreement effective upon delivery of written <br /> notice to other party, or at such later date as may be established by the <br /> terminating party, under an of the followin conditions: <br /> Y g <br /> a. If either party fails to receive funding, appropriations, limitations or other <br /> expenditure authority at levels sufficient to pay for the work provided in <br /> the agreement. <br /> b. If Federal or state laws, regulations or guidelines are modified or <br /> interpreted in such a -way that either the work under this agreement is <br /> prohibited or either party is prohibited from paying for such work from the <br /> planned funding source. <br /> 3. Any termination of this agreement shall not prejudice any rights or obligations <br /> accrued to the parties prior to termination. <br /> M. State and Agency hereto agree that if any term or provision of this agreement is <br /> declared by a court of competent jurisdiction to be invalid, unenforceable, illegal <br /> or in conflict with any law, the validity of the remaining terms and provisions shall <br /> not be affected, and the rights and obligations of the parties shall be construed <br /> -and enforced as if the agreement did not contain the particular term or provision. <br /> held to be 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 re ardin this a reement. No <br /> 9 <br /> 9 g <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 /> IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their <br /> <br /> seals as of the day and year hereinafter written. <br /> <br />