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<br />Section 29. Termination of Agreement. <br />a. The Department of Transportation. In the event of the Contractor's <br />noncompliance with any of the provisions of this Agreement, the Department may suspend or <br />terminate the Agreement by giving the Contractor thirty (30) days advance notice. Any failure to <br />make reasonable progress on the Project or violation of this Agreement for the Project that <br />endangers substantial performance of the Project shall provide sufficient grounds for the <br />Department to terminate the Agreement for the Project. In general, termination of State <br />assistance for the Project will not invalidate obligations properly incurred by the Contractor <br />before the termination date to the extent those obligations cannot be canceled. If, however, the <br />Department determines that the Contractor has willfully misused State assistance by failing to <br />make adequate progress, failing to make reasonable and appropriate use of Project property, or <br />failing to comply with the terms of this Agreement for the Project, the Department reserves the <br />right to require the Contractor to refund the entire amount of State assistance provided for the <br />Project or any lesser amount as the Department may determine. Expiration of any Project time <br />period established for the Project does not, by itself, constitute an expiration or termination of <br />the Agreement for the Project. The Department, before issuing notice of Agreement <br />termination, shall allow the Contractor a reasonable opportunity to correct for noncompliance. <br />Upon noncompliance with the nondiscrimination section (Section 8) of this Agreement or with <br />any of the said rules, regulations or orders, this Agreement may be cancelled, terminated, or <br />suspended in whole or in part and the Contractor may be declared ineligible for contracts in <br />accordance with procedures authorized in Executive Orders No. 11246 and No. 11375, and <br />such other sanctions may be imposed and. remedies invoked as provided in the said Executive <br />Order or by rule, regulation or order of the Secretary of Labor, or as otherwise provided by law. <br />In addition to the Department's rights of termination described above, the Department may <br />terminate its participation in the Project by notifying and receiving the concurrence of the <br />Contractor within sixty (60) days in advance of such termination. <br />Project 07-US-056 Page 45 of 49 <br />Orange County <br />