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Salem Area Mass Transit District/Marion County IFB 00-03 40 <br />TAB Services <br />2) Termination for Convenience (General Provision) The Recipient may terminate this <br />contract, in whole or in part, at any time by written notice to the Contractor when it is in the <br />government's best interest. The Contractor shall be paid its costs, including contract close- <br />out costs, and profit on work performed up to the time of termination. The Contractor shall <br />promptly submit its termination claim to Recipient to be paid the Contractor. If the <br />Contractor has any property in its possession belonging to the Recipient, the Contractor will <br />account for the same, and dispose of it in the manner the Recipient directs. <br />2) Termination for Default [Breach or Cause] (General Provision) If the Contractor does <br />not deliver supplies in accordance with the contract delivery schedule, or, if the contract is <br />for services, the Contractor fails to perform in the manner called for in the contract, or if the <br />Contractor fails to comply with any other provisions of the contract, the Recipient may <br />terminate this contract for default. Termination shall be effected by serving a notice of <br />termination on the Contractor setting forth the manner in which the Contractor is in default. <br />The Contractor will only be paid the contract price for supplies delivered and accepted, or <br />services performed in accordance with the manner of performance set forth in the contract. <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 beyond the <br />control of the Contractor, the Recipient, after setting up a new delivery of performance schedule, <br />may allow the Contractor to continue work, or treat the termination as a termination for <br />convenience. <br />2) Opportunity to Cure (General Provision) The Recipient in its sole discretion may, in the <br />case of a termination for breach or default, allow the Contractor 30 days in which to cure the <br />defect. In such case, the notice of termination will state the time period in which cure is <br />permitted and other appropriate conditions <br />If Contractor fails to remedy to Recipient's satisfaction the breach or default or any of the terms, <br />covenants, or conditions of this Contract within 30 days after receipt by Contractor or written <br />notice from Recipient setting forth the nature of said breach or default, Recipient shall have the <br />right to terminate the Contract without any further obligation to Contractor. Any such <br />termination for default shall not in any way operate to preclude Recipient from also pursuing all <br />available remedies against Contractor and its sureties for said breach or default. <br />2) Waiver of Remedies for any Breach In the event that Recipient elects to waive its remedies <br />for any breach by Contractor of any covenant, term or condition of this Contract, such <br />waiver by Recipient shall not limit Recipient's remedies for any succeeding breach of that or <br />of any other term, covenant, or condition of this Contract. <br />2) Termination for Convenience (Professional Service Contracts) The Recipient, by written <br />notice, may terminate this contract, in whole or in part, when it is in the government's <br />interest. If this contract is terminated, the Recipient shall be liable only for payment under <br />the payment provisions of this contract for services rendered before the effective date of <br />termination. <br />f. Termination for Default (Supplies and Service) If the Contractor fails to deliver supplies or <br />to perform the services within the time specified in this contract or any extension or if the <br />