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~~ I <br />I <br />If the termination is for the convenience of the Recipient, the Contracting Office shall make an <br />~ equitable adjustment in the contract price but shal~ allow no anticipated profit n unperformed <br />services. <br />If the termination is for failure of the Contractor to fulfill the contract obligations, th Recipient may <br />complete the work by contract or otherwise and the Contractor shall be liable for an additional cost <br />incurred by the Recipient. <br />If, after termination for failure to fulfill contract obligations, it is determined that th Contractor was <br />not in default, the rights and obligations of the parties shall be the same as if the term nation had been <br />issued for the convenience of the Recipient. <br />j. Termination for Convenience or Default (Cost-Type Contracts) The Recipient m y terminate this <br />contract, or any portion of it, by serving a notice or termination on the Contractor. he notice shall <br />state whether the termination is for convenience of the Recipient or for the default o the Contractor. <br />If the termination is for default, the notice shall state the manner in which the Contra tor has failed to <br />perform the requirements of the contract. The Contractor shall account for any property in its <br />possession paid for from funds received from the Recipient, or property supplied t the Contractor <br />by the Recipient. If the termination is for default, the Recipient may fix the fee, if the contract <br />provides for a fee, to be paid the Contractor in proportion to the value, if any, of wo k performed up <br />to the time of termination. The Contractor shall promptly submit its terminati n claim to the <br />Recipient and the parties shall negotiate the termination settlement to be paid the Con ractor. <br />If the termination is for the convenience of the Recipient, the Contractor shall be aid its contract <br />close-out costs, and a fee, if the contract provided for payment of a fee, in propo 'on to the work <br />performed up to the time of termination. <br />If, after serving a notice of termination for default, the Recipient determines that th Contractor has <br />~ an excusable reason for not performing, such as strike, fire, flood, events which are not the fault of <br />and are beyond the control of the Contractor, the Recipient, after setting up a new work schedule, <br />may allow the Contractor to continue work, or treat the termination as a termination f r convenience. <br />Dispute Resolution ~ <br />Disputes - Disputes arising in the performance of this Contract which are not resolv d by agreement <br />of the parties shall be decided in writing by the authorized representative of Reci ient's Contract <br />Officer. This decision shall be final and conclusive unless within ten (10) days f om the date of <br />receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the General <br />Manager. In connection with any such appeal, the Contractor shall be afforded an o portunity to be <br />heard and to offer evidence in support of its position. The decision of the General anager shall be <br />binding upon the Contractor and the Contractor shall abide be the decision. In th event that the <br />decision of the General Manager is contrary to law or violates the terms of the Con ract, Contractor <br />may pursue such remedy or relief as may be available for breach of Contract. <br />Performance During Dispute - Unless otherwise directed by Recipient, Contracto shall continue <br />performance under this Contract while matters in dispute are being resolved. <br />Claims for Damages - Should either party to the Contract suffer injury or dama e to person or <br />property because of any act or omission of the party or of any of his employees, age ts or others for <br />whose acts he is legally liable, a claim for damages therefor shall be made in writi g to such other <br />party within a reasonable time after the first observance of such injury of damage. <br />Remedies - Unless this contract provides otherwise, all claims, counterclaims, di putes and other <br />matters in question between the Recipient and the Contractor arising out of or relating to this <br />Addendum, FTA Contract Requirements <br />~ Page - 21 <br />0718970102 <br />