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or other disorder; strike, fire, flood, act of God, or without limiting the foregoing, by and <br />other cause not within the control of the part whose performance is interfered with, and <br />which, by the exercise of reasonable diligence, the party is unable to prevent whether of <br />the class of causes herein before enumerated or not. <br /> <br />TERMINATION FOR CAUSE: In the event of any breach or default by the Purchaser or the <br />Caterer of the terms and conditions of this Agreement, the party not in default shall give <br />written notice to both the party in default or breach and to Centralina Council of <br />Governments. If within fifteen (15) days after issuance of such notice the party in default <br />shall have failed to cure such default, THEN IN THAT EVENT, the party not in default may <br />terminate this Agreement. <br /> <br />Except if the Caterer should fail to deliver meals for a consecutive three (3) day period or <br />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, then <br />such action shall be deemed non-performance and shall be justification for immediate <br />cancellation of this Agreement. <br /> <br />TERMINATION FOR CONVENIENCE: This Agreement may be terminated by the Caterer <br />giving both the Program and Centralina Council of Governments no less than one hundred <br />twenty (120) days prior notice of intention to terminate as of the date specified; or by ihe <br />Program giving both the Caterer and Centralina Council of Governments thirty (30) days <br />notice of intention to terminate as of the date specified. This thirty (30) day notice shall <br />in no way conflict with the cancellation provision, stated above for non-delivery or delivery <br />of non-wholesome meals or food poisoning of Program participants. <br /> <br />16. <br /> <br />The Purchaser may require changes in the services to be provided by the Caterer under <br />this Agreement. Any changes shall be approved in advance by Centralina Council of <br />Governments and shall be incorporated in written amendments to this Agreement. <br /> <br />17. This Agreement is executed and is to be performed in the State of North Carolina, and all <br /> questions of interpretation and construction shall be construed by the laws of such State. <br /> <br />IN WITNESS 'WHERE, THE PARTIES tlAVE CAUSED TIIIS Agreement to be executed by its <br />designated officials pursuant to specified resolutions of their respective governing bodies or <br />boards, as of the day and year first above written. <br /> <br />CATERER <br /> <br />ATTEST: <br /> <br />BY: <br /> <br />TITLE: <br /> <br />PURCHASER <br /> <br />ATTEST: BY: <br /> TITLE: <br /> <br />Provision for payment of the monies to fall due under this Agreement within the current fiscal <br />year have been made appropriation duly authorized as required by the local Government Budget <br />and Fiscal Control Act. <br />BY: <br /> Finance Officer, Cabarrus County <br /> <br />7 <br /> <br /> <br />