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<br /> <br /> <br /> <br /> <br /> that, if the Agency procurement officer decides that the facts justify such <br /> action, any such claim asserted may be received and acted upon at any <br /> time prior to final payment under this Agreement. <br /> <br /> C. Termination of s gMCd performance. If a stop performance order is not <br /> cancelled and the performance covered by such order is terminated for default or <br /> convenience, the reasonable costs resulting from the stop performance order shall <br /> be allowable by adjustment or otherwise. <br /> <br /> d. Adjustment of price. Any adjustment in contract price made pursuant to this <br /> paragraph shall be determined in accordance with the price adjustment provision <br /> of this Agreement. <br /> <br /> 13. Termination for Default. <br /> <br /> a. Default, If the CONTRACTOR refines or fails to perform any of the provisions <br /> of this Agreement with such diligence as will ensure its completion within the <br /> time specified in this Agreement, or any extension thereof, otherwise fails to <br /> timely satisfy the Agreement provisions, or commits any other substantial breach <br /> of this Agreement, the Agency procurement officer may notify the <br /> CONTRACTOR in writing of the delay or non-performance and if not cured in <br /> ten (10) days or any longer time specified in writing by the Agency procurement <br /> officer, such officer may terminate the CONTRACTOR's right to proceed with <br /> the Agreement or such part of the Agreement as to which there has been delay <br /> or a failure to properly perform. In the event of termination in whole or in part <br /> the Agency procurement officer may procure similar goods or services in a <br /> manner and upon the terms deemed appropriate by the Agency procurement <br /> officer. The CONTRACTOR shall continue performance of the Agreement to the <br /> extent it is not terminated and shall be liable for excess costs incurred in <br /> procuring similar goods or services. <br /> <br /> b. CONTRACTOR's duties. Notwithstanding termination of the Agreement and <br /> subject to any directions from the Agency procurement officer, the <br /> CONTRACTOR shall take timely, reasonable, and necessary action to protect and <br /> preserve property in the possession of the CONTRACTOR in which the STATE <br /> has an interest. <br /> <br /> C. Compensation. Payment for completed goods and services delivered and accepted <br /> by the STATE shall be at the price set forth in the Agreement. Payment for the <br /> protection and preservation of property shall be in an amount agreed upon by the <br /> CONTRACTOR and the Agency procurement officer. If the parties fail to agree, <br /> the Agency procurement officer shall set an amount subject to the <br /> CONTRACTOR's rights under chapter 126, Procurement Rules. The STATE <br /> may withhold from amounts due the CONTRACTOR such sums as the Agency <br /> <br /> <br /> 6 Foam A424C11M <br />