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resolved by direct negotiation, either party may request a dispute hearing with an Agent as follows: <br />1. The request for a dispute hearing must: <br />• Be in writing; <br />• State the disputed issue(s); <br />• State the relative positions of the parties; <br />• State the Subrecipient's name, address, and contract number; and <br />• Be mailed to the Agent and the other party's (respondent's) contract manager within 3 working <br />calendar days after the parties agree that they cannot resolve the dispute. <br />2. The respondent shall send a written answer to the requester's statement to both the agent and the <br />requester within 5 working calendar days. <br />3. The Agent shall review the written statements and reply in writing to both parties within 10 working <br />days. The Agent may extend this period -if necessary by notifyin—g—th�ies. <br />4. The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial <br />tribunal. <br />Nothing in this contract shall be construed to limit the parties' choice of a mutually acceptable ADR method in <br />addition to the dispute resolution procedure outlined above. <br />SECTION 19: Termination <br />19.1 Termination for Convenience. Either party may terminate this Agreement at any time upon thirty (30) <br />days prior written notice to the other party. If this contract is so terminated, State Parks shall be liable only <br />for the payment required under the terms of this contract for services rendered or goods delivered prior to <br />the effective date of termination. <br />19.2 Termination Because of Inefficiency. Use of federal funds demands good stewardship. MLE will <br />monitor the ongoing performance of the subrecipient through its reporting into the MLE Statement of <br />Activity Reporting (SOAR) system. If in MLE's opinion, these metrics demonstrate poor stewardship, the <br />agreement may be terminated. If feasible, MLE may work with the Subrecipient and give the Subrecipient <br />an opportunity to improve the metrics. <br />19.3 Termination Because of Non -Appropriation or Project Ineligibility. MLE may modify or terminate this <br />Agreement at any time upon 30 days prior written notice to the Subrecipient, if: <br />a. MILE fails to receive funding or allotments, appropriations, limitations, or other expenditure <br />authority at levels sufficient to pay for the Project to be funded hereunder or should any state <br />law, regulation, or guideline be modified, changed, or interpreted in such a way that the <br />Project, or any portion of the Project, is no longer eligible for these grant funds. <br />b. In the event insufficient funds are appropriated for the payments under this Agreement and <br />the Subrecipient has no other lawfully available funds, then the Subrecipient may terminate <br />this Agreement at the end of the current federal fiscal year, with no further liability to MLE. <br />The Subrecipient shall deliver written notice to MLE of such termination no later than 30 <br />days from the determination of the event of non -appropriation. MLE shall pay for all <br />authorized Project costs expended up to the date of written notice of termination. <br />19.4 Termination for Default. MLE, at any time upon 30 days prior written notice of default to the <br />Subrecipient, may modify or terminate this Agreement if: <br />a. The design and implementation of the Project is not pursued with due diligence; or <br />b. The Project is not permissible under federal, state, or local law; or <br />c. The Subrecipient, does not abide by the nondiscrimination and affirmative action provisions <br />of this Agreement; or <br />d. The Subrecipient, without the prior written approval, uses the funds provided to pursue any <br />project other than that described by this agreement; or <br />e. During the term of this Agreement, the Subrecipient fails to perform any obligation or <br />requirement of this Agreement. <br />f. The Subrecipient defaults under any other agreement between the Parties. <br />19.5 Rights and Remedies. <br />a. The Subrecipient shall, within 30 days of its receipt of a notice of default, reimburse MLE for <br />all funds contributed by MILE to the Project. Further, MLE shall have any and all rights and <br />MLE 325-508 - Kittitas CSO <br />Page 11 of 16 <br />