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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />43,2 Upon termination, or notice thereof, CONTRACTOR agrees to <br />cooperate with ADMINISTRATOR in the orderly transfer of service <br />responsibilities, active case records, and pertinent documents. <br />43.3 The obligations of COUNTY under this Agreement are contingent upon <br />the availability of Federal and /or State funds, as applicable, for the <br />reimbursement of CONTRACTOR's expenditures, and inclusion of sufficient funds <br />for the services hereunder in the budget approved by the Orange County Board <br />of Supervisors each fiscal year this Agreement remains in effect or operation. <br />In the event that such funding is terminated or reduced, ADMINISTRATOR may <br />immediately terminate this Agreement, reduce COUNTY's maximum obligation, or <br />modify this Agreement, without penalty. The decision of ADMINISTRATOR will be <br />binding on CONTRACTOR. ADMINISTRATOR will provide CONTRACTOR with written <br />notification of such determination. CONTRACTOR shall immediately comply with <br />ADMINISTRATOR's decision. <br />43.4 If any provision of this Agreement or the application thereof is <br />held invalid, the remainder of this Agreement shall not be affected thereby. <br />44. GOVERNING LAW AND VENUE <br />This Agreement has been negotiated and executed in the State of <br />California and shall be governed by and construed under the laws of the State <br />of California. In the event of any legal action to enforce or interpret this <br />Agreement, the sole and exclusive venue shall be a court of competent <br />jurisdiction located in Orange County, California, and the parties hereto <br />agree to and do hereby submit to the jurisdiction of such court, <br />notwithstanding Code of Civil Procedure Section 394. Furthermore, the parties <br />specifically agree to waive any and all rights to request that an action be <br />transferred for trial to another county. <br />45. SIGNATURE IN COUNTERPARTS <br />The parties agree that separate copies of this Agreement may be signed <br />(WAM0811) 38 of 40 (December 22, 2011) <br />all C <br />