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<br />Washington State <br />Health Care Authority Page 28 of 53 Contract # 2747 <br /> <br /> <br />The termination will be effective on the date specified in the termination notice. <br />HCA will be liable only for payment in accordance with the terms of this Contract <br />for services rendered prior to the effective date of termination. HCA agrees to <br />notify Contractor of such non-allocation at the earliest possible time. No penalty <br />will accrue to HCA in the event the termination option in this section is exercised. <br />4.41.4 TERMINATION FOR WITHDRAWAL OF AUTHORITY <br />In the event that the authority of HCA to perform any of its duties is withdrawn, <br />reduced, or limited in any way after the commencement of this Contract and prior <br />to normal completion, HCA may immediately terminate this Contract by providing <br />written notice to the Contractor. The termination will be effective on the date <br />specified in the termination notice. HCA will be liable only for payment in <br />accordance with the terms of this Contract for services rendered prior to the <br />effective date of termination. HCA agrees to notify Contractor of such withdrawal <br />of authority at the earliest possible time. No penalty will accrue to HCA in the <br />event the termination option in this section is exercised. <br />4.41.5 TERMINATION FOR CONFLICT OF INTEREST <br />HCA may terminate this Contract by written notice to the Contractor if HCA <br />determines, after due notice and examination, that there is a violation of the Ethics <br />in Public Service Act, Chapter 42.52 RCW, or any other laws regarding ethics in <br />public acquisitions and procurement and performance of contracts. In the event <br />this Contract is so terminated, HCA will be entitled to pursue the same remedies <br />against the Contractor as it could pursue in the event Contractor breaches the <br />contract. <br />4.42 TERMINATION PROCEDURES <br />4.42.1 Upon termination of this Contract, HCA, in addition to any other rights provided in <br />this Contract, may require Contractor to deliver to HCA any property specifically <br />produced or acquired for the performance of such part of this Contract as has been <br />terminated. <br />4.42.2 HCA will pay Contractor the agreed-upon price, if separately stated, for completed <br />work and services accepted by HCA and the amount agreed upon by the Contractor <br />and HCA for (i) completed work and services for which no separate price is stated; <br />(ii) partially completed work and services; (iii) other property or services that are <br />accepted by HCA; and (iv) the protection and preservation of property, unless the <br />termination is for default, in which case HCA will determine the extent of the liability. <br />Failure to agree with such determination will be a dispute within the meaning of <br />Section 4.13 Disputes. HCA may withhold from any amounts due the Contractor <br />such sum as HCA determines to be necessary to protect HCA against potential loss <br />or liability.