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~; contract, the Recipient may ternunate this contract for default. The Recipient shall terminate by delivering to the Contractar a Notice of Termination specifying the nature of default. The Contractor will only be paid the contract price for services performed in accordance with the manner of performance set forth in this contract. If this contract is terminated while the Contractor has possession of Recipient goods, the Contractor ~ shall, upon direction of the Recipient, protect and preserve the goods until surrendered to the Recipient or its agent. The Contractor and RP.cipient shall agree on payment for the preservation and - protection of goods. Failure to agree on an amount will be resolved under the Dispute clause. ~ If, after tennination for failure to fulfill contract obligations, it is detemuned that the Contractor was ~} not in default, the rights and obligations of the patties shall be the same as if the ternunation had been issued for the convenience of the Recipien~ h. Termination for Default (ConstrucNon) If the Contractor refuses or fails to prosecute the work or ~ any separable part, with the diligence that will insure its completion within the time specified in this i contract or any extension or fails to compiete the work within this time, or if the Contractor fails to ~ comply with any other provisions of this contract, the Recipient may terminate this contract for default. The Recipient shall terminate by delivering to the Contractor a Notice of Termination . specifying the nature of the defaulL In this event, the Recipient may take over the work and compete ._ it by contract or otherwise, and may take possession of and use any materials, appliar~es, and plant ~ on the work site necessary for completing the work. The Contractor and its sureties shall be liable for any damage to the Recipient resulting from the Contractofs refusal or failure to complete the work within spec~ed time, whether or not the Contractor's right to proceed with the work is terminated. --' This liability includes any increased costs incurred by the Recipient in completing the work. The Contractor's right to proceed shall not be terininated nor the Contractor charged with damages under this clause if- 1. the delay in completing the worlc arises fram unforeseeable causes beyond the control and without the fault or negligence of the Contractar. Examples of such causes include: acts of God, acts of the Recipient, acts of another Contractor in the performance of a contract with the Recipient, epidemics, quarantine restrictions, strikes, freight embargoes; and 2. the Contractor, within 4 days from the beginning of any delay, notifies the Recipient in writing of the causes of delay. If in the judgment of the ~Recipient, the delay is excusable, the time for completing the work shall be extended. The judgment of the Recipient shall be final and conclusive on the parties. If, after termination of the Contractor's right to proceed, it is determined that the Contractor was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as if the ternunation had been issued for the convenience of the Recipient. i. Termination for Convenience or Default (Architect and Engineering) 1fie Recipient may terminate this contract in whole or in part, for the Recipient's convenience or because of the failure of the Contractor to fiilfill the contract obligations. The Recipient shall terminate by delivering to the Contractor a Notice of Termination specifying the nature, extent, and effective date of the termination. Upon receipt of the notice, the Contractor shall (1) immediately discontinue all services affected (unless the notice directs otherwise), and (2) deliver to the Contracting O~cer all data, drawings, specifications, reports, estimates, summaries, and other information and materials accumulated in performing this contract, whether completed or in process. Addendum, FTA Contract Requirements Page - 20 1008981030