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• <br />:7 <br />8. TERMINATION. <br />a. Termination at Will. This Agreement may be terminated <br />by either party without cause upon no less than one -hundred <br />eighty (180) calendar days notice in writing to the other <br />party unless a lesser time is mutually agreed upon in <br />writing by both parties. Said notice shall be delivered by <br />certified mail, return receipt requested, or in person to <br />the other party's contract manager with proof of delivery. <br />b. Termination Because of Lack of Funds. In the event <br />funds to finance this Agreement become unavailable, the <br />State may terminate this Agreement upon no less than twenty- <br />four (24) hours notice. Said notice shall be delivered by <br />certified mail, return receipt requested, or in person to <br />the other party's contract manager with proof of delivery. <br />c. Termination for Breach. This Agreement my be <br />terminated by one party, upon no less than thirty (30) days <br />notice, because of the other party's failure to perform an <br />obligation hereunder. Said notice shall be delivered by <br />certified mail, return receipt requested, or in person to <br />the other party's contract manager with proof of delivery. <br />Waiver of breach of any provisions of this Agreement shall <br />not be deemed to be a waiver of any other breach and shall <br />not be construed to be a modification of the terms of this <br />Agreement. <br />MISCELLANEOUS. The parties further agree: <br />a. Availability of_ Funds. If this Agreement, any <br />renewal hereof, or any term, performance or payment <br />hereunder, extends beyond the fiscal year beginning July 1, <br />1999, it is agreed that the performance and payment under <br />this Agreement are contingent upon an annual appropriation <br />by the Legislature, in accordance with section 287.0582, <br />Florida Statutes. <br />b. Modification. This Agreement and its Attachments <br />contain all of the terms and conditions agreed upon between <br />the parties. Modifications of this Agreement shall be <br />enforceable only when reduced to writing and signed by all <br />parties. <br />10 <br />