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(4) Establishing delivery schedules, where the requirement permits, which encourage participation <br />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 Business <br />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 the <br />OWNER with a right to terminate this Contract in accordance with this Article, in addition to pursuing <br />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 assignment <br />for the benefit of his creditors, or if a trustee or receiver is appointed for CONTRACTOR or for any of his <br />property. <br />B. OWNER shall, before terminating the Contract for any of the foregoing reasons, notify CONTRACTOR in <br />writing of the grounds for termination and provide CONTRACTOR with ten (10) calendar days to cure <br />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 right <br />to possess or occupy the site or any materials thereon; provided, however, that the OWNER may <br />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 CONTRACTOR's <br />services and work for OWNER's convenience. Upon receipt of notice of such termination CONTRACTOR <br />shall, unless the notice directs otherwise, immediately discontinue the work and immediately cease <br />ordering of any materials, labor, equipment, facilities, or supplies in connection with the performance <br />of this Contract. Upon such termination Contractor shall be entitled to payment only as follows: <br />(1) the actual cost of the work completed in conformity with this Contract and the specifications; <br />plus, <br />(2) such other costs actually incurred by CONTRACTOR as are permitted by the prime contract and <br />approved by the OWNER. <br />Page 8 of 9 <br />