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Contract #27199 Encumbrance # 5005605 (b) Performance Monitoring. For as long as the Project is operational , the District shall have the right to inspect the operation of the Project during nonnal business hours upon reasonable prior notice . Recipient shall make available to the District any data that is requested pertaining to performance of the Project . 11 . FAILURE TO COMPLETE PROJECT . (a) Should Recipient fail to complete the Project, Recipient shall refund to the District all of the funds provided to Recipient pursuant to this Agreement . However, the District, in its sole judgment and discretion , may determine that Recipient has failed to complete the Project due to circumstances that are beyond Recipient ' s control , or due to a good faith detennination that the Project is no longer environmentally or economically feasible . In such event , the District may excuse Recipient from the obligation to return funds provided hereunder. If the Project has not been completed within 30 days after the Completion Date, Recipient shall provide the District with notice regarding its intention as to completion of the Project . The parties shall discuss the status of the Project and may mutually agree to revise the Completion Date or the scope of the Project . Failure to complete the Project within 90 days after the Completion Date shall be deemed to constitute failure to complete the Project for the purposes of this provision . ( b ) hn the event the Project constitutes a portion of the total functional project , this paragraph shall apply in the event the total functional project is not completed . In such event , the 90 -day timeframe provided herein shall commence upon the date scheduled for completion of the total functional project at the time of execution of this Agreement , unless extended by mutual agreement of the parties . ( c ) This paragraph shall survive the termination or expiration of this Agreement . 12 . TERMINATION ( a) Termination for Default. If Recipient materially fails to fulfill its obligations under this Agreement , including any specific milestones established herein, the District shall provide Recipient written notice of the deficiency by forwarding a Notice to Cure, citing the specific nature of the breach . Recipient shall have thirty ( 30) days to cure the breach . If Recipient fails to cure the breach within the thirty (30) day period , the District shall issue a Termination for Default Notice and this Agreement shall be terminated upon receipt of said notice . In such event , Recipient shall refund to the District all funds provided to Recipient pursuant to this Agreement within thirty ( 30) days of such termination. The District may also terminate this Agreement upon ten ( 10 ) days written notice in the event any of material misrepresentations in the Project Proposal . (b) Termination for Convenience. The District may terminate this Agreement at any time for convenience upon thirty ( 30) calendar days prior written notice to Recipient . Upon receipt of notice, Recipient shall place no further orders for materials , equipment, services , or facilities , for which reimbursement would otherwise be sought . Recipient shall also make every reasonable effort to cancel , upon terns satisfactory to the District , all orders or subcontracts related to the Project for which reimbursement would otherwise be sought . In the event of such termination, Recipient shall be compensated for all work performed pursuant to this Agreement prior to the effective date of termination . Page 5