AG 2004 06 15 - Laserfiche WebLink

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any other cause not within the control of the party whose performance is interfered with and which, by the exercise of reasonable diligence, the party is unable to prevent whether of the class causes herein before enumerated or not. TERMINATION FOR CAUSE: In the event of any breach or default by the Purchaser or the Caterer of the terms and conditions of this Agreement, the party not in default shall give written notice to both the party in default or breach and to Centralina Council of Governments Area Agency on Aging. If within fifteen (15) days after issuance of such notice the party in default shall have failed to cure such default, THEN IN THAT EVENT, the party not in default may terminate this Agreement. Except if the Caterer should fail to deliver meals for a consecutive three (3) day period or cannot meet the three hour limit for delivery after preparation, or should any persons eating meals prepared under this contract become ill as a result of food poisoning, attributable to the negligence of the Caterer, as determined by Public Health Officials, then such action shall be deemed non-performance and shall be justification for immediate cancellation of this Agreement. TERMINATION FOR CONVENIENCE: This Agreement may be terminated by the Caterer giving the Purchaser no less than one hundred twenty (120) days prior written notice of intention to terminate as of the date specified; or by the Purchaser giving the Caterer thirty (30) days prior written notice of intention to terminate as of the date specified. This thirty- (30) day notice shall in no way conflict with the cancellation provision, stated above for non-delivery or delivery of non-wholesome meals or food poisoning of Program participants. The Purchaser may require changes in the services to be provided by the Caterer under this Agreement. Ar~y changes shall be mutually approved in advance by both the Purchaser and the Caterer and shall be incorporated in written amendments in this Agreement. This Agreement is executed and is to be performed in the State of North Carolina and all questions of interpretation and construction shall be construed by the laws of such State. IN WITNESS WHERE, THE PARTIES HAVE CAUSED THIS Agreement to be executed by its designated officials pursuant to specified resolutions of their respective governing bodies or boards, as of the day and year first above written.