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(1) Placing qualified small and minority businesses and women's business enterprises on <br /> solicitation lists. <br /> (2) Ensuring that small and minority businesses, and women's business enterprises are solicited <br /> whenever they are potential sources. <br /> (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to <br /> permit maximum participation by small and minority businesses, and women's business enterprises. <br /> (4) Establishing delivery schedules, where the requirement permits, which encourage <br /> participation by small and minority businesses,and women's business enterprises. <br /> (5) Using the services and assistance of the Small Business Administration and the Minority <br /> Business Development Agency of the Department of Commerce. <br /> Article 11: TERMINATION OF CONTRACT <br /> A. The occurrence of any of the following shall constitute a default by CONTRACTOR and shall provide <br /> the OWNER with a right to terminate this Contract in accordance with this Article, in addition to <br /> pursuing any other remedies which the OWNER may have under this Contract or under law: <br /> (1) if in the OWNER's opinion CONTRACTOR is improperly performing work or violating any <br /> provision(s)of the Contract Documents; <br /> (2) if CONTRACTOR neglects or refuses to correct defective work or replace defective parts or <br /> equipment, as directed by the Engineer pursuant to an inspection; <br /> (3) if in the OWNER's opinion CONTRACTOR's work is being unnecessarily delayed and will not be <br /> finished within the prescribed time; <br /> (4) if CONTRACTOR assigns this Contract or any money accruing thereon or approved thereon; or <br /> (5) if CONTRACTOR abandons the work, is adjudged bankrupt, or if he makes a general <br /> assignment for the benefit of his creditors, or if a trustee or receiver is appointed for CONTRACTOR <br /> or for any of his property. <br /> B. OWNER shall, before terminating the Contract for any of the foregoing reasons, notify CONTRACTOR <br /> in writing of the grounds for termination and provide CONTRACTOR with ten (10) calendar days to <br /> cure the default to the reasonable satisfaction of the OWNER. <br /> C. If the CONTRACTOR fails to correct or cure within the time provided in the preceding Sub-Article B, <br /> OWNER may terminate this Contract by notifying CONTRACTOR in writing. Upon receiving such <br /> notification, CONTRACTOR shall immediately cease all work hereunder and shall forfeit any further <br /> right to possess or occupy the site or any materials thereon; provided, however, that the OWNER <br /> may authorize CONTRACTOR to restore any work sites. <br /> D.The CONTRACTOR shall be liable for: <br /> (1) any new cost incurred by the OWNER in soliciting bids or proposals for and letting a new contract; <br /> and <br /> (2) the difference between the cost of completing the new contract and the cost of completing this <br /> Contract; <br /> (3) any court costs and attorney's fees associated with any lawsuit undertaken by OWNER to enforce <br /> its rights herein. <br /> E. TERMINATION FOR CONVENIENCE: OWNER may at any time and for any reason terminate <br /> CONTRACTOR's services and work for OWNER's convenience. Upon receipt of notice of such <br /> termination CONTRACTOR shall, unless the notice directs otherwise, immediately discontinue the <br /> work and immediately cease ordering of any materials, labor, equipment, facilities, or supplies in <br /> 9 <br />