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2022-142
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2022-142
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COORDINATOR will comply will all applicable Federal law, regulations, executive orders, and <br />FEMA policies, procedures, and directives. <br />H. No Obligation by Federal Government: The Federal Government is not a party to this contract <br />and is not subject to any obligations or liabilities to the non -Federal entity, COORDINATOR, or <br />any other party pertaining to any matter resulting from the contract. <br />Program Fraud and False or Fraudulent Statements or Related Acts: The COORDINATOR <br />acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and <br />Statements) applies to its actions pertaining to the contract. <br />Article 11: TERMINATION OF CONTRACT <br />A. The occurrence of any of the following shall constitute a default by COORDINATOR and shall <br />provide the OWNER with a right to terminate this Contract in accordance with this Article, in <br />addition to pursuing any other remedies which the OWNER may have under this Contract or <br />under law: <br />(1) if in the OWNER's opinion COORDINATOR is improperly performing work or violating <br />any provision(s) of the Contract Documents; <br />(2) if COORDINATOR 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 COORDINATOR's work is being unnecessarily delayed and will <br />not be finished within the prescribed time; <br />(4) if COORDINATOR assigns this Contract or any money accruing thereon or approved <br />thereon; or <br />(5) if COORDINATOR 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 />COORDINATOR or for any of his property. <br />B. OWNER shall, before terminating the Contract for any of the foregoing reasons, notify <br />COORDINATOR in writing of the grounds for termination and provide COORDINATOR with ten <br />(10) calendar days to cure the default to the reasonable satisfaction of the OWNER. <br />C. If the COORDINATOR fails to correct or cure within the time provided in the preceding Sub - <br />Article B, OWNER may terminate this Contract by notifying COORDINATOR in writing. Upon <br />receiving such notification, COORDINATOR shall immediately cease all work hereunder and <br />shall forfeit any further right to possess or occupy the site or any materials thereon; provided, <br />however, that the OWNER may authorize COORDINATOR to restore any work sites. <br />D. The COORDINATOR 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 />
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