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<br /> <br /> <br /> <br /> that, if the Agency procurement officer deddes 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 - m snoe. 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 casts resulting from the stop performance order shall . <br /> be allowable by adjustment or otherwise. <br /> <br /> d. Adjustment of Woe. Any adjustment in contact price made pursmnt to this <br /> paragraph shall be determined in accordance with the price adjustment provision <br /> of this Apt. <br /> <br /> 13. Termination fffJ29&& <br /> <br /> a. Default. If the CONTRACTOR refuses or fails to perform nay of the pstivisions <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 proviaarts, or commits my other substantial breach <br /> of this Agreement. the Agency proauemart offices 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 Agteemeat 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. CO CTOR'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. !"8ID>is0i31iM Payment for completed goods and services delivered and aC <br /> by the STATE shall be at the price set forth in the Agreement. Pgmeat 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 patties fill to agree, <br /> the Ageary psoamanmt officer :hail set as amount mbject to the <br /> CON'TRACTOR's rights under drapter 126, Procurement Rules. The STATE <br /> may withbold from amounts due the CONTRACTOR such sums as tine Agony <br /> <br /> 6 l~r. Am oCtteA <br />