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WU Establishing delivery schedules, where the requirement permits, which encourage participation bysmall and minority businesses, and women's business enterprises. /5\ Using the services and assistance of the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. Article 11: TERMINATION OF CONTRACT A. The occurrence of any of the following shall constitute a default by CONTRACTOR and shall provide the OWNER with a right tnterminate this Contract in accordance with this Article, in addition to pursuing any other remedies which the OWNER may have under this Contract or under law: (1) if in the OVVNER's opinion CONTRACTOR is improperly performing work or violating any provision(s)ofthe Contract Documents; (Z) if CONTRACTOR neglects or refuses to correct defective work or replace defective parts or equipment, asdirected bythe Engineer pursuant toaninspection; (3) if in the OWNER's opinion CONTRACTOR's work is being unnecessarily delayed and will not be finished within the prescribed time; (4) if CONTRACTOR assigns this Contract or any money accruing thereon or approved thereon; or (5) ifCONTRACTOR abandons the work, isadjudged bankrupt, orifhemakes ageneral assignment for the benefit of his creditors, or if a trustee or receiver is appointed for CONTRACTOR or for any of his property. B. OWNER shall, before terminating the Contract for any ofthe foregoing reasons, notify CONTRACTOR in writing of the grounds for termination and provide CONTRACTOR with ten (10) calendar days to cure the default to the reasonable satisfaction of the OWNER. C. If the CONTRACTOR fails to correct or cure within the time provided in the preceding Sub -Article 8, OWNER may terminate this Contract by notifying CONTRACTOR in vvhhn0. Upon receiving such notification, CONTRACTOR shall immediately cease all work hereunder and shall forfeit any further right to possess oroccupy the site or any materials thereon; provided, however, that the OWNER may authorize CONTRACTOR torestore any work sites. D.The CONTRACTOR shall beliable for: (1)any new cost incurred by the OWNER insoliciting bids orproposals for and letting anew contract; and (2) the difference between the cost ofcompleting the new contract and the cost of completing this Contract; (3) any court costs and attorney's fees associated with any lawsuit undertaken by OWNER to enforce its rights herein. E. TERMINATION FOR CONVENIENCE: OWNER may at any time and for any reason terminate CONTRACTOR's services and work for OVVNEK'sconvenience. Upon receipt ofnotice ofsuch termination CONTRACTOR shall, unless the notice directs otherwise, immediately discontinue the work and immediately cease ordering of any materials, labor, equipment, facilities, or supplies in connection with the performance ofthis Contract. Upon such termination Contractor shall be entitled to payment only as follows: (1) the actual cost of the work completed in conformity with this Contract and the specifications; plus, (2) such other costs actually incurred by CONTRACTOR as are permitted by the prime contract and approved bythe OWNER. Page 8 of 9