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notice of any funding deficiency,no penalty or expense shall accrue to the County in the event <br />this provision applies.If sufficient funds are not appropriated,this shall cause immediate <br />termination of contract and the stopping of services by CFM. <br />SECTION 11.Term,Renewal,Termination <br />11.01 This Agreement shall be effective for the term of twenty-four (24)months,beginning <br />,2011 and shall be renewed automatically thereafter on its anniversary <br />date for one year periods,unless either party advises the other in writing sixty (60)days before <br />renewal date,of their intent not to renew. <br />11.02 Either party may terminate the agreement by giving the other party not less than sixty (60)days <br />advance written notice of intention to terminate,at any time during the term of this agreement. <br />11.03 Upon termination of this Agreement,CFM shall vacate all parts of the premises occupied by <br />CFM in the same condition as made available to CFM,reasonable wear and tear accepted. <br />11.04 No change,amendment or modification of any provisions of this agreement shall be valid unless <br />set forth in a written instrument signed by the party to be bound thereby. <br />SECTION 12.Notice <br />12.01 Any notice required hereunder shall be deemed to have been given if delivered in writing <br />personally to,or three business days after being sent a registered or certified United States mail <br />return receipt requested and addressed as follow: <br />a.)THE COUNTY:Kittitas County corrections <br />205 West Fifth Street <br />Ellensburg,WA 98926 <br />b.)CFM:Consolidated Food Management,Inc <br />7429 SE 27th Street <br />Mercer Island WA 98040 <br />SECTION 13.Independent Contractor,Entire Agreement <br />13.01 CFM,its employees and agents,is an independent contractor and shall not be,or be deemed for <br />any purpose to be,an employee(s)of the County. <br />13.02 CFM is a professional food service organization,and under the terms of this Agreement between <br />the County and CFM,the County has exclusive control of all policy,operational and service <br />procedures over the food service program. <br />Professional Services Operating Agreement Page 8