Common use of CONDITIONS OF THE PARTIES’ OBLIGATIONS Clause in Contracts

CONDITIONS OF THE PARTIES’ OBLIGATIONS. a. Before the termination date specified in the first paragraph of this Agreement, Morrison County may evaluate the contract performance of the Provider and determine whether such performance merits renewal of this Agreement. b. The County will only reimburse for services specified in this Agreement. Amendments to the contract must be signed by both parties and prepared according to Section 22 of this Agreement. c. No claim for services furnished by the Provider not specifically provided in the agreement will be allowed by the County, nor must the Provider do any work or furnish any material not covered by the agreement, unless this is approved in writing by the County. Such approval must be considered a modification of the agreement. d. If there is a revision of Federal regulations which might make this Agreement ineligible for Federal financial participation, all parties will review this Agreement and renegotiate those items necessary to bring the Agreement into compliance with the new Federal regulations. e. If there should be any change in mode of delivery of service, type of client being served or change in policy regarding services being purchased, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, Regional Contract Specialist, Sourcewell, ▇▇▇ ▇▇▇▇ ▇▇. ▇., P.O. Box 219, Staples, MN must be notified, in writing, prior to action taking place. f. In accordance with Minnesota Statutes, Section 245.466, subdivision 3 (1), the Commissioner of the Minnesota Department of Human Services is a third party beneficiary to this contract. The Provider specifically acknowledges and agrees that the MN Department of Human Services has standing to and may take any appropriate administrative action or may sue the Provider for any appropriate relief in law or equity, including, but not limited to, rescission, damages, or specific performance, of all or any part of the agreement between the County and the Provider. The Provider specifically acknowledges that the County and the MN Department of Human Services are entitled to and may recover from the Provider reasonable attorney’s fees and costs and disbursements associated with any action taken under this section that is successfully maintained. This provision shall not be construed to limit the rights of any party to the agreement or any other third- party beneficiary, nor shall it be construed as a waiver of immunity under the Eleventh Amendment to the United States Constitution or any other waiver of immunity.

CONDITIONS OF THE PARTIES’ OBLIGATIONS. a. Before the termination date specified It is understood and agreed that in the first paragraph of this Agreement, Morrison event the reimbursement to the County may evaluate from State and Federal sources is not obtained and continued at a level sufficient to allow for the contract performance purchase of the Provider and determine whether such performance merits renewal indicated quantity of this Agreement.Purchased Services, the obligations of each party hereunder shall thereupon be terminated, however the County is still responsible for payment for services already provided b. The County will only reimburse for services specified This agreement may be canceled by either party at any time, with or without cause, upon 30 days' notice, in this Agreement. Amendments to the contract must be signed writing, delivered by both parties and prepared according to Section 22 of this Agreementmail or in person. c. Any alternations, variations, modifications, or waiver of provisions of this agreement shall be valid only when they have been reduced to writing, duly signed, and attached to the original of this agreement. d. No claim for services furnished by the Provider Contractor, not specifically provided in the agreement agreement, will be allowed by the County, nor must shall the Provider Contractor do any work or furnish any material not covered by the agreement, unless this is approved in writing by the County. Such approval must shall be considered to be a modification of the agreement. d. If e. In the event that there is a revision of Federal regulations which might make this Agreement agreement ineligible for Federal financial participation, all parties will review this Agreement the agreement and renegotiate those items necessary to bring the Agreement agreement into compliance with the new Federal regulations. e. If there should be any change in mode of delivery of service, type of client being served or change in policy regarding services being purchased, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, Regional Contract Specialist, Sourcewell, ▇▇▇ ▇▇▇▇ ▇▇. ▇., P.O. Box 219, Staples, MN must be notified, in writing, prior to action taking place. f. In accordance with Minnesota Statutes, Section 245.466, subdivision 3 (1), the Commissioner of Contractor acknowledges and agrees that the Minnesota Department of Human Services is a third third-party beneficiary to and as a third-party beneficiary, is an affected party under this contractContract. The Provider Contractor specifically acknowledges and agrees that the MN Minnesota Department of Human Services has standing to and may take any appropriate administrative action or may sue the Provider Contractor for any appropriate relief in law or equity, including, including but not limited to, rescission, damages, damages or specific performance, performance of all or any part of the agreement Contract between the County Board and the Provider. The Provider specifically acknowledges that the County and the MN Minnesota Department of Human Services are entitled to entitle to, and may recover from the Provider Contractor, reasonable attorney’s fees and costs and disbursements associated with any action taken under this section paragraph that is successfully maintained. This provision shall not be construed to limit the rights of any party to the agreement Contract or any other third- third-party beneficiary, nor shall it be construed as a waiver of immunity under the Eleventh Amendment to the United States Constitution or any other waiver of immunity. (Minn. Statute 245.466, Subd. 3; Minn. R. 9525.1870, subp. 2).

CONDITIONS OF THE PARTIES’ OBLIGATIONS. a. Before the termination date specified in the first paragraph of this Agreement, Morrison ▇▇▇▇▇▇▇▇ County may evaluate the contract performance of the Provider and determine whether such performance merits renewal of this Agreement. b. The County will only reimburse for services specified in this Agreement. Amendments to the contract must be signed by both parties and prepared according to Section 22 23 of this Agreement. c. No claim for services furnished by the Provider not specifically provided in the agreement will be allowed by the County, nor must the Provider do any work or furnish any material not covered by the agreement, unless this is approved in writing by the County. Such approval must be considered a modification of the agreement. d. If there is a revision of Federal regulations which might make this Agreement ineligible for Federal financial participation, all parties will review this Agreement and renegotiate those items necessary to bring the Agreement into compliance with the new Federal regulations. e. If there should be any change in mode of delivery of service, type of client being served or change in policy regarding services being purchased, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, Regional County Contract SpecialistCoordinator, SourcewellNational Joint Powers Alliance, ▇▇▇ ▇▇▇▇ ▇▇. ▇., P.O. Box 219▇.▇. ▇▇▇ ▇▇▇, Staples▇▇▇▇▇▇▇, MN ▇▇ must be notified, in writing, prior to action taking place. f. In accordance with Minnesota Statutes, Section 245.466, subdivision 3 (1), the Commissioner of the Minnesota Department of Human Services is a third party beneficiary to this contract. The Provider specifically acknowledges and agrees that the MN Department of Human Services has standing to and may take any appropriate administrative action or may sue ▇▇▇ the Provider for any appropriate relief in law or equity, including, but not limited to, rescission, damages, or specific performance, of all or any part of the agreement between the County and the Provider. The Provider specifically acknowledges that the County and the MN Department of Human Services are entitled to and may recover from the Provider reasonable attorney’s fees and costs and disbursements associated with any action taken under this section that is successfully maintained. This provision shall not be construed to limit the rights of any party to the agreement or any other third- third-party beneficiary, nor shall it be construed as a waiver of immunity under the Eleventh Amendment to the United States Constitution or any other waiver of immunity.