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22 <br />23. <br />24. <br />25. <br />Ge neral Terms and Gonditions <br />Survivability. The terms and conditions contained in thisAgreementorany ProgramAgreementwhich, <br />by their sense and context, are intended to survive the expiration of a particular Program Agreement <br />shall survive. Surviving terms include, but are not limited to: Disputes, Responsibility, lnspection, <br />Maintenance of Records, Or,rmership of Material, Subcontracting, Termination for Default, Termination <br />Procedure, and Title to Property. <br />Termination Due to Change in Funding,Agreement Renegotiation orSuspension. <br />lf the funds DCYF relied upon to establish any Program Agreement are withdrawt, reduced or limited, <br />or if additional or modified conditions are placed on such funding, afterthe effective date of this <br />Agreement but prior to the normal completion of any Program Agreement: <br />a. At DCYF's discretion, the Program Agreement may be renegotiated underthe revised funding <br />conditions. <br />b. Upon no less than fifteen (1 5) calendar days' advance written notice to County, DCYF may s uspend <br />County's performance of any Program Agreement when DCYF determines that there is reasonable <br />likelihood that the funding insufficiency may be resolved in a timeframe that would allow the <br />County's performance to be resumed prior to the normal completion date of the Program <br />Agreement. For purposes of this sub-section, "written notice" may include email. <br />(1 ) During the period of suspension of performance, each party Wll inform the other of any <br />conditions that may reasonably affect the potential for resumption of performance. <br />(2) When DCYF determines that the funding insufficiency is resolved, it will give the County written <br />notice to resume performance. Upon the receipt of this notice, the County will provide written <br />notice to DCYF informing DCYF wtrether it can resume performance and, if so, the date of <br />resumption. <br />(3) lf the County's proposed resumption date is not acceptable to DCYF and an acceptable date <br />cannot be negotiated, DCYF may terminate the Program Agreement by giving written notice to <br />the County. The parties agree thatthe Program Agreement will be terminated retroactive to the <br />effective date of suspension. DCYF shall be liable only for payment in accordance with the <br />terms of the Program Agreement for services rendered through the retroactive date of <br />termination. <br />c. DCYF may terminate the Program Agreement by providing at least fifteen (15) calendardays' <br />advance written notice to the Cou nty. DCYF shall be liable only for payment in accordance with the <br />terms of the Program Agreement for services rendered through the effective date of termination. <br />No penalty shall accrue to DCYF in the event the termination option in this section is exercised. <br />Termination for Convenience. The DCYF Contracts Adninistrator, or appropriate designee, may terminate <br />this Agreement or any Program Agreement in whole or in part for convenience by giving the bounty at <br />least thirty (30) calendar days' written notice addressed to the County at the addreis sho,;'n on the <br />cover page of the applicable agreement. The County may terminate th is Agreement and any program <br />Agreement for convenience by giving DCYF at least thirty (30) calendar days' r,rnitten notice addressed <br />to: DCYF contracts Department, Po Box 4sr10, olympia, washington gBsM-s710. <br />Te rmination for Default. <br />a. The DCYF Contracts Adninistrator, or appropriate designee, may terminate this Agreement or any <br />Program Agreement for default, in wtrole or in part, by written notice to the County, if DCyF his a <br />reasonable basis to believe that the County has: <br />Department of Chi ldren, Youth & Families <br />2017CF County Program Agreement 6-24-20 Page 7