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IRC Go-Line Transfer Hub <br /> c. Opportunity to Cure (General Provision) The Owner in its sole discretion may, in <br /> the case of a termination for breach or default, allow the Contractor seven (7) days in <br /> which to cure the defect. In such case, the notice of termination will state the time period <br /> in which cure is permitted and other appropriate conditions <br /> If Contractor fails to remedy to Owner's satisfaction the breach or default of any of the <br /> terms, covenants, or conditions of this Contract within seven 7 days after receipt by <br /> Contractor of written notice from Owner setting forth the nature of said breach or default, <br /> Owner shall have the right to terminate the Contract without any further obligation to <br /> Contractor. Any such termination for default shall not in any way operate to preclude <br /> Owner from also pursuing all available remedies against Contractor and its sureties for <br /> said breach or default. <br /> d. Waiver of Remedies for any Breach In the event that Owner elects to waive its <br /> remedies for any breach by Contractor of any covenant, term or condition of this <br /> Contract, such waiver by Owner shall not limit Owner's remedies for any succeeding <br /> breach of that or of any other term, covenant, or condition of this Contract. <br /> h. Termination for Default (Construction) If the Contractor refuses or fails to <br /> prosecute the work or any separable part, with the diligence that will insure its <br /> completion within the time specified in this contract or any extension or fails to complete <br /> the work within this time, or if the Contractor fails to comply with any other provisions <br /> of this contract, the Owner may terminate this contract for default. The Owner shall <br /> terminate by delivering to the Contractor a Notice of Termination specifying the nature of <br /> the default. In this event, the Owner may take over the work and compete it by contract <br /> or otherwise, and may take possession of and use any materials, appliances, and plant on <br /> the work site necessary for completing the work. The Contractor and its sureties shall be <br /> liable for any damage to the Owner resulting from the Contractor's refusal or failure to <br /> complete the work within specified time, whether or not the Contractor's right to proceed <br /> with the work is terminated. This liability includes any increased costs incurred by the <br /> Owner 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 /> 1. the delay in completing the work arises from unforeseeable causes beyond the control <br /> and without the fault or negligence of the Contractor. Examples of such causes include: <br /> acts of God, acts of the Owner, acts of another Contractor in the performance of a <br /> contract with the Owner, epidemics, quarantine restrictions, strikes, freight embargoes; <br /> and <br /> 2. the contractor, within [10] days from the beginning of any delay, notifies the Owner in <br /> writing of the causes of delay. If in the judgment of the Owner, the delay is excusable, <br /> the time for completing the work shall be extended. The judgment of the Owner shall be <br /> final and conclusive on the parties, but subject to appeal under the Disputes clauses. <br /> 00421-22 <br />