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8 <br />(b) Termination for Just Cause. This Agreement may be canceled for <br />Just Cause by either party upon ninety (90) days prior written <br />notice in accordance with Section 9.3 of this Agreement. <br />(c) Annual Appropriations and Funding. This Agreement may be <br />subject to the annual appropriation of funds by the Cabarrus <br />County Board of Commissioners. Notwithstanding any provision <br />herein to the contrary, if funds are not appropriated for this <br />Agreement, then the County shall be entitled to immediately <br />terminate this Agreement, without penalty or liability, except the <br />payment of all contract fees up to and through the last day of <br />service. <br />6.3 Responsibility for Inmate Health Care. Upon termination of this <br />Agreement, all responsibility for providing health care services to all inmates, including <br />inmates receiving health care services at sites outside the Jail, will be transferred from <br />SHP to the County. <br />ARTICLE IX. COMPENSATION. <br />7.1 Base Compensation. The County will pay to SHP the annualized base <br />price of $410,688.00 during the initial term of this Agreement, payable in monthly <br />installments --Monthly installments during the initial term from July 1, 2006, through <br />January 31, 2007, will be in the amount of $34,224.00 each, except that monthly <br />installments during the period from February 1, 2007, through June 30, 2007, will be in <br />the amount of $37,949.00 each, reflecting the addition of staff as defined in a letter <br />dated October 5, 2006. SHP will bill the County approximately 30 days prior to the <br />month in which services are to be rendered. The County agrees to pay SHP prior to the <br />tenth day of the month in which services are rendered. In the event this Agreement <br />should commence or terminate on a date other than the first or last day of any calendar <br />month, compensation to SHP will be pro-rated accordingly for the shortened month. <br />7.2 Increases and Decreases in Inmate Population. County and SHP agree <br />that the annual base price is calculated based upon an average daily inmate population <br />of up to 200. If the average daily inmate population for any month exceeds 200 <br />inmates, then the compensation payable to SHP by the County shall be increased by a <br />per diem rate of $1.70 for each inmate over 200. The average daily inm-ate resident <br />population shall be calculated by adding the population or head count totals taken at a <br />consistent time each day and dividing by the number of counts taken. The excess over <br />an average of 200, if any, will be multiplied by the per diem rate and by the number of <br />days in the month to arrive at the increase in compensation payable to SHP for that <br />month. In all cases where adjustments become necessary, the invoice adjustment will <br />be made on the invoice for a subsequent month's services. For example, if there is an <br />average population for any given month of 205 inmates, resulting in an excess of five <br />(5) inmates, then SHP shall receive additional compensation of five (5) times the per <br />~" --~ <br />