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<br />g. Termination for Default (Transportation Services) If the Contractor fails to pick up the
<br />commodities or to perform the services, including delivery services, within the time specified in this
<br />contract or any extension or if the Contractor fails to comply with any other provisions of this
<br />contract, the Recipient may terminate this contract for default. The Recipient shall terminate by
<br />delivering to the Contractor a Notice of Termination specifying the nature of default. The Contractor
<br />will only be paid the contract price for services performed in accordance with the manner of
<br />performance set forth in this contract.
<br />If this contract is terminated while the Contractor has possession of Recipient goods, the Contractor
<br />shall, upon direction of the Recipient, protect and preserve the goods until surrendered to the
<br />Recipient or its agent. The Contractor and Recipient shall agree on payment for the preservation and
<br />protection of goods. Failure to agree on an amount will be resolved under the Dispute clause.
<br />If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was
<br />not in default, the rights and obligations of the parties shall be the same as if the termination had been
<br />issued for the convenience of the Recipient.
<br />h. Termination for Default (Construction) If the Contractor refuses or fails to prosecute the work or
<br />any separable part, with the diligence that will insure its completion within the time specified in this
<br />contract or any extension or fails to complete the work within this time, or if the Contractor fails to
<br />comply with any other provisions of this contract, the Recipient may terminate this contract for
<br />default. The Recipient shall terminate by delivering to the Contractor a Notice of Termination
<br />specifying the nature of the default. In this event, the Recipient may take over the work and compete
<br />it by contract or otherwise, and may take possession of and use any materials, appliances, and plant -._
<br />on the work site necessary for completing the work. The Contractor and its sureties shall be liable for _,
<br />any damage to the Recipient resulting from the Contractor's refusal or failure to complete the work
<br />within specified time, whether or not the Contractor's right to proceed with the work is ternunated.
<br />This liability includes any increased costs incurred by the Recipient in completing the work.
<br />The Contractor's right to proceed shall not be terminated nor the Contractor charged with damages
<br />under this clause if-
<br />1. the delay in completing the work arises from unforeseeable causes beyond the control and without
<br />the fault or negligence of the Contractor. Examples of such causes include: acts of God, acts of the
<br />Recipient, acts of another Contractor in the performance of a contract with the Recipient, epidemics,
<br />quarantine restrictions, strikes, freight embargoes; and
<br />2. the Contractor, within 4 days from the beginning of any delay, notifies the Recipient in writing of
<br />the causes of delay. If in the judgment of the Recipient, the delay is excusable, the time for
<br />completing the work shall be extended. The judgment of the Recipient shall be final and conclusive
<br />on the parties.
<br />If, after termination of the Contractor's right to proceed, it is determined that the Contractor was not
<br />in default, or that the delay was excusable, the rights and obligations of the parties will be the same as
<br />if the termination had been issued for the convemence of the Recipient.
<br />i. Termination for Convenience or Default (Architect and Engineering) The Recipient may
<br />terminate this contract in whole or in part, for the Recipient's convenience or because of the failure of
<br />the Contractor to fulfill the contract obligations. The Recipient shall terminate by delivering to the
<br />Contractor a Notice of Termination specifying the nature, extent, and effective date of the
<br />termination. Upon receipt of the notice, the Contractor shall (1) immediately discontinue all services
<br />affected (unless the notice directs otherwise), and (2) deliver to the Contracting Officer all data,
<br />drawings, specifications, reports, estimates, summaries, and other information and materials
<br />accumulated in performing this contract, whether completed or in process.
<br />Addendum, FTA Contract Requirements
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