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performed up to the time of termination. The Contractor shall promptly submit its t <br />~ to Recipient to be paid the Contractor. If the Contractor has any property in its pos< <br />to the Recipient, the Contractor will account for the same, and dispose of it in <br />Recipient directs. <br />~ <br />b. Termination for Default [Breach or Cause] (General Provision) If the Con <br />deliver supplies in accordance with the contract delivery schedule, or, if the contract is <br />Contractor fails to perform in the manner called for in the contract, or if the Co <br />comply with any other provisions of the contract, the Recipient may terminate t <br />default. Termination shall be effected by serving a notice of termination on the C~ <br />forth the manner in which the Contractor is in default. The Contractor will only be ~ <br />price for supplies delivered and accepted, or services performed in accordance witl <br />performance set forth in the contract. <br />tination claim <br />ion belonging <br />: manner the <br />ictor does not <br />or services, the <br />:ractor fails to <br />~s contract for <br />~tractor setting <br />id the contract <br />the manner of <br />If it is later determined by the Recipient that the Contractor had an excusable reason for not <br />performing, such as a strike, fire, or flood, events which are not the fault of or are be ond the control <br />of the Contractor, the Recipient, after setting up a new delivery of performance sche ule, may allow <br />the Contractor to continue work, or treat the termination as a.termination for convenie ce. <br />c. Opportunity to Cure (General Provision) The Recipient in its sole discretion may, in the case of a <br />termination for breach or default, allow the Contractor 30 days in which to cure the defect. In such <br />case, the notice of termination will state the time period in which cure is perm tted and other <br />appropriate conditions <br />If Contractor fails to remedy to Recipient's satisfaction the breach or default or an of the terms, <br />covenants, or conditions of this Contract within 30 days after receipt by Contractor o written notice <br />from Recipient setting forth the nature of said breach or default, Recipient shall h ve the right to <br />ternunate the Contract without any further obligation to Contractor. Any such termin ion for default <br />shall not in any way operate to preclude Recipient from also pursuing all available r medies against <br />Contractor and its sureties for said breach or default. <br />d. Waiver of Remedies for any Breach In the event that Recipient elects to waive its r medies for any <br />breach by Contractor of any covenant, term or condition of this Contract, such waiv r by Recipient <br />shall not limit Recipient's remedies for any succeeding breach of that or of any other erm, covenant, <br />or condition of this Contract. <br />e. Termination for Convenience (Professional Service Contracts) The Recipient, b written notice, <br />may terminate this contraci, in whole or in part, when it is in the government's interest. If this contract <br />is terminated, the Recipient shall be liable only for payment under the payment pr visions of this <br />contract for services rendered before the effective date of termination. i <br />f. Termination for Default (Supplies and Service) If the Contractor fails to delive <br />perform the services within the time specified in this contract or any extension or i <br />fails to comply with any other provisions of this contract, the Recipient may termin <br />for default. The Recipient shall terminate by delivering to the Contractor a Notice <br />specifying the nature of the default. The Contractor will only be paid the contract p <br />delivered and accepted, or services performed in accordance with the manner or <br />forth in this contract. <br />If, after termination for failure to fulfill contract obligations, it is determined that the <br />not in default, the rights and obligations of the parties shall be the same as if the termi <br />issued for the convenience of the Recipient. <br />supplies or to <br />the Contractor <br />e this contract <br />~f Termination <br />~e for supplies <br />;rformance set <br />ictor was <br />had been <br />Addendum, FTA Contract Requirements <br />~ Page - 19 <br />0718970102 <br />