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<br />notice the party in default shall have failed to cure such default, THEN IN THAT EVENT, <br />the party not in default may terminate this Agreement. <br /> <br />Except if the Caterer should fail to deliver meals for a consecutive three (3) day period <br />or cannot meet the three hour limit for delivery after preparation, or should any persons <br />eating meals prepared under this contract become ill as a result of food poisoning, <br />attributable to the negligence of the Caterer, as determined by Public Health Officials, <br />then such action shall be deemed non-performance and shall be justification for <br />immediate cancellation of this Agreement. <br /> <br />TERMINATION FOR CONVENIENCE: This Agreement may be terminated by the <br />Caterer giving the Program no less than one hundred twenty (120) days prior notice of <br />intention to terminate as of the date specified; or by the Program giving the Caterer <br />thirty (30) days notice of intention to terminate as of the date specified. This thirty- (30) <br />n day notice shall in no way conflict with the cancellation provision; stated above for non- <br />delivery or delivery of non-wholesome meals or food poisoning of Program participants. <br /> <br />The Purchaser may require changes in the services to be provided by the Caterer under <br />this Agreement. Any changes shall be mutually approved in advance by both the <br />Purchaser and the Caterer and shall be incorporated in written amendments in this <br />Agreement. <br /> <br />This Agreement is executed and is to be performed in the State of North Carolina and <br />all questions of interpretation and construction shall be construed by the laws of such <br />State. <br /> <br />9 <br />F- to <br />