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M. AFFIRMATIVE STEPS: CONTRACTOR shall take the following affirmative steps to ensure minority <br />business, women's business enterprises and labor surplus area firms are used when possible: <br />(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 <br />solicited whenever they are potential sources. <br />(3) Dividing total requirements, when economically feasible, into smaller tasks or quantities <br />to permit maximum participation by small and minority businesses, and women's business <br />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 <br />or 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 <br />not be finished within the prescribed time; <br />(4) if CONTRACTOR assigns this Contract or any money accruing thereon or approved <br />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 <br />CONTRACTOR or for any of his property. <br />B. OWNER shall, before terminating the Contract for any of the foregoing reasons, notify <br />CONTRACTOR in writing of the grounds for termination and provide CONTRACTOR with ten (10) <br />calendar days to 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 <br />B, OWNER may terminate this Contract by notifying CONTRACTOR in writing. Upon receiving <br />such notification, CONTRACTOR shall immediately cease all work hereunder and shall forfeit any <br />further right to possess or occupy the site or any materials thereon; provided, however, that the <br />OWNER 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 <br />contract; and <br />(2) the difference between the cost of completing the new contract and the cost of completing <br />this Contract; <br />(3) any court costs and attorney's fees associated with any lawsuit undertaken by OWNER to <br />enforce its rights herein. <br />Page 8 of 10 <br />