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` Salem Area Mass Transit District/Marion County IFB 00-03 41 <br />~ TAB Services <br />Contractor fails to comply with any other provisions of this contract, the Recipient may <br />terminate this contract for default. 'The Recipient shall terminate by delivering to the Contractor <br />a Notice of Termination specifying the nature of the default. The Contractor will only be paid the <br />contract price for supplies delivered and accepted, or services performed in accordance with the <br />manner or performance set forth in this contract. <br />If, after termination for failure to fulfill contract obligations, it is determined that the Contractor <br />was not in default, the rights and obligations of the parties shall be the same as if the termination <br />had been issued for the convenience of the Recipient. <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 <br />this contract or any extension or if the Contractor fails to comply with any other provisions of <br />this contract, the Recipient may terminate this contract for default. The Recipient shall terminate <br />by delivering to the Contractor a Notice of Termination specifying the nature of default. The <br />Contractor will only be paid the contract price for services performed in accordance with the <br />manner of performance set forth in this contract. <br />If this contract is terminated while the Contractor has possession of Recipient goods, the <br />Contractor shall, upon direction of the Recipient, protect and preserve the goods until <br />surrendered to the Recipient or its agent. The Contractor and Recipient shall agree on payment <br />for the preservation and protection of goods. Failure to agree on an amount will be resolved <br />under the Dispute clause. <br />If, after termination for failure to fulfill contract obligations, it is determined that the Contractor <br />was not in default, the rights and obligations of the parties shall be the same as if the termination <br />had been issued for the convenience of the Recipient. <br />h. Termination for Default (Construction) If the Contractor refuses or fails to prosecute the <br />work or any separable part, with the diligence that will insure its completion within the time <br />specified in this contract or any extension or fails to complete the work within this time, or if the <br />Contractor fails to comply with any other provisions of this contract, the Recipient may <br />terminate this contract for default. The Recipient shall terminate by delivering to the Contractor <br />a Notice of Termination specifying the nature of the default. In this event, the Recipient may <br />take over the work and compete it by contract or otherwise, and may take possession of and use <br />any materials, appliances, and plant on the work site necessary for completing the work. The <br />Contractor and its sureties shall be liable for any damage to the Recipient resulting from the <br />Contractor's refusal or failure to complete the work within specified time, whether or not the <br />Contractor's right to proceed with the work is terminated. This liability includes any increased <br />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 <br />damages under this clause if- <br />2) the delay in completing the work arises from unforeseeable causes beyond the control and <br />without the fault or negligence of the Contractor. Examples of such causes include: acts of <br />God, acts of the Recipient, acts of another Contractor in the performance of a contract with <br />the Recipient, epidemics, quarantine restrictions, strikes, freight embargoes; and <br />