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<br /> s. + <br /> <br /> <br /> <br /> proctuement officer deems to be necessary to protect the STATE against loss <br /> because of outstanding liens or claims and to reimburse the STATE for the excess <br /> costs expected to be incurred by the STATE in procuring similar goods and <br /> services. <br /> <br /> d. Excuse for nonperformance or delayWpgformance. The CONTRACTOR shall <br /> not be in default by reason of any failure in performance of this Agreement in <br /> accordance with its terms, including any failure by the CONTRACTOR to make <br /> progress in the prosecution of the performance hereunder which endangers such <br /> performance, if the CONTRACTOR has notified the Agency procurement officer <br /> within fifteen (15) days after the cause of the delay and the failure arises out of <br /> causes such as: acts of God; acts of a public enemy; acts of the State and any <br /> other governmental body in its sovereign or contractual capacity; fins; floods; <br /> epidemics; quarantine restrictions; strikes or other labor disputes; freight <br /> embargoes; or unusually severe weather. If the failure to perform is caused by <br /> the failure of a subcontractor to perform or to make progress, and if such failure <br /> arises out of causes similar to those set forth above, the CONTRACTOR shall not <br /> be deemed to be in default, unless the goods and services to be furnished by the <br /> subcontractor were reasonably obtainable from other sources in sufficient time to <br /> permit the CONTRACTOR to meet the requirements of the Agreement. Upon <br /> request of the CONTRACTOR, the Agency procurement officer shall ascertain <br /> the facts and extent of such failure, and, if such officer determines that any <br /> failure to perform was occasioned by any one or more of the excusable causes, <br /> and that, but for the excusable cause, the CONTRACTOR's progress and <br /> performance would have met the terms of the Agreement, the delivery schedule <br /> shall be revised accordingly, subject to the rights of the STATE under this <br /> Agreement. As used in this paragraph, the term "subcontractor" means <br /> subcontractor at any tier. <br /> <br /> e. Erroneous termination for default. If, after notice of termination of the <br /> CONTRACTOR's right to proceed under this paragraph, it is determined for any <br /> reason that the CONTRACTOR was not in default under this paragraph, or that <br /> the delay was excusable under the provisions of subparagraph 13d, "Excuse for <br /> nonperformance or delayed performance," the rights and obligations of the parties <br /> shall be the same as if the notice of termination had been issued pursuant to such <br /> provision. <br /> <br /> f. Additional rights and remedies. The rights and remedies provided in this <br /> paragraph are in addition to any other rights and remedies provided by law or <br /> under this Agreement. <br /> <br /> <br /> <br /> <br /> <br /> 7 Prom AG2-Gql 6) <br />