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25.04 Equitable Remedies. National acknowledges that, in the event it breaches (or attempts <br />or threatens to breach its obligations provided in Article 18 and Article 22, IRC may be <br />irreparably harmed. In such a circumstance, IRC may proceed directly to court. If a court of <br />competent jurisdiction should find that National has breached (or attempted or threatened to <br />breach) any such obligations, National agrees that, without any additional findings of <br />irreparable injury or other conditions to injunctive relief, it shall not oppose the entry of an <br />appropriate order compelling performance by National and restraining it from any further <br />breaches (or attempted or threatened breaches). <br />25.05 Continued Performance. Each Party agrees to continue performing its obligations <br />under the Agreement while a dispute is being resolved except to the extent the issue in dispute <br />precludes performance (dispute over payment shall not be deemed to preclude performance) <br />and without limiting either Party's right to terminate the Agreement as provided in Article 26. <br />ARTICLE 26. TERMINATION <br />26.01 Termination for Cause. <br />(1) The occurrence of any of the following shall constitute a default by National and <br />shall provide IRC with a right to terminate this Contract in accordance with this <br />Article, in addition to pursuing any other remedies which IRC may have under <br />this Contract or under law: <br />a. if in IRC's opinion National is improperly performing work or violating any <br />provision(s) of the Contract Documents; <br />b. if National neglects or refuses to correct defective work or replace <br />defective parts or equipment, as directed by the Engineer pursuant to an <br />inspection; <br />c. if in IRC's opinion National's work is being unnecessarily delayed and will <br />not be finished within the prescribed time; <br />d. if National assigns this Contract or any money accruing thereon or <br />approved thereon; or <br />e. if National abandons the work, is adjudged bankrupt, or if it makes a <br />general assignment for the benefit of it creditors, or if a trustee or <br />receiver is appointed for National or for any of his property. <br />(2) IRC shall, before terminating the Contract for any of the foregoing reasons, <br />notify National in writing of the grounds for termination and provide National <br />with ten (10) calendar days to cure the default to the reasonable satisfaction of <br />IRC. <br />(3) <br />If National fails to correct or cure within the time provided in the preceding Sub - <br />Section (2), IRC may terminate this Contract by notifying National in writing. <br />40 <br />