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<br /> s. v <br /> <br /> <br /> <br /> coat or pricing data, submitted to the extent required by subchapter 15, <br /> chapter 3-122, Procurement Rules, bearing on such claim. If the' <br /> _ <br /> CONTRACTOR fails to file a termination claim within one year from the <br /> effective date of termination, the Agency procurement officer may pay the <br /> CONTRACTOR, if at all, an amount set in accordance with subparagraph <br /> 14d(3) below. <br /> (2) The Agency procurement officer and the CONTRACTOR may agree to <br /> a settlement provided the CONTRACTOR has filed a termination claim <br /> supported by cost or pricing data submitted as required and that the <br /> settlement does not exceed the total -Agreement price plus settlement costs <br /> reduced by payments previously made by the STATE, the proceeds of any <br /> sales of goods and manufacturing materials under subparagraph 14c, and <br /> the Agreement price of the performance not terminated. <br /> <br /> (3) Absent complete agreement under subparagraph 14d(2) the Agency <br /> procurement officer shall pay the CONTRACTOR the following amounts, <br /> provided payments agreed to under subparagraph 14d(2) shall not <br /> duplicate payments under this subparagraph for the following: <br /> <br /> (A) Contract prices for goods or services accepted under the <br /> Agreement; <br /> <br /> (B) Costs incurred in preparing to perform and performing the <br /> terminated portion of the performance plus a fair and reasonable <br /> profit on such portion of the performance, such profit shall not <br /> include anticipatory profit or consequential damages, less amounts <br /> paid or to be paid for accepted goods or services; provided, <br /> however, that if it appears that the CONTRACTOR would have <br /> sustained a loss if the entire Agreement would have been <br /> completed, no profit shall be allowed or included and the amount <br /> of compensation shall be reduced to reflect the anticipated rate of <br /> loss; <br /> <br /> (C) Costs of settling and paying claims arising out of the termination <br /> of subcontracts or orders pursuant to subparagraph 14b. These <br /> costs must not include costs paid in accordance with subparagraph <br /> 14d(3)(B); <br /> <br /> (D) The reasonable settlement costs of the CONTRACTOR including <br /> accounting, legal, clerical, and other expenses reasonably <br /> necessary for the preparation of settlement claims and supporting <br /> data with respect to the terminated portion of the Agreement and <br /> for the termination of subcontracts thereunder, together with <br /> <br /> <br /> 9 Foam Ace-actrm <br />