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0. License and Delivery of Works Subject to Copyright and Data Rights: The Contractor grants to the Owner a <br />paid-up, royalty -free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of <br />this contract to reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to the <br />public, and perform publicly and display publicly such data. For data required by the contract but not first <br />produced in the performance of this contract, the Contractor will identify such data and grant to the Owner or <br />acquires on its behalf a license of the same scope as for data first produced in the performance of this contract. <br />Data, as used herein, shall include any work subject to copyright under 17 U.S.C. § 102, for example, any written <br />reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, <br />sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural <br />works. Upon or before the completion of this contract, the Contractor will deliver to the Owner data first produced <br />in the performance of this contract and data required by the contract but not first produced in the performance <br />of this contract in formats acceptable by the Owner. <br />11: TERMINATION OF CONTRACT <br />A. The occurrence of any of the following shall constitute a default by Contractor and shall provide the Owner <br />with a right to terminate this Contract in accordance with this Article, in addition to pursuing any other <br />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 provision(s) <br />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 finished <br />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 for <br />the benefit of his creditors, or if a trustee or receiver is appointed for Contractor or for any of his property. <br />B. Owner shall, before terminating the Contract for any of the foregoing reasons, notify Contractor in writing <br />of the grounds for termination and provide Contractor with ten (10) calendar days to cure the default to <br />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, Owner <br />may terminate this Contract by notifying Contractor in writing. Upon receiving such notification, <br />Contractor shall immediately cease all work hereunder and shall forfeit any further right to possess or <br />occupy the site or any materials thereon; provided, however, that the Owner may authorize Contractor <br />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; 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 its <br />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 shall, <br />11 <br />