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corporation furnishing or supplying work, services, materials, or supplies in connection with the <br /> performance of this Contract,and from any and all claims and losses accruing or resulting to any person, <br /> firm, or corporation that may be injured or damaged by the Grantee in the performance of this Contract <br /> and that are attributable to the negligence or intentionally tortious acts of the Grantee provided that the <br /> Grantee is notified in writing within 30 days that the State has knowledge of such claims. The Grantee <br /> represents and warrants that it shall make no claim of any kind or nature against the State's agents who <br /> are involved in the delivery or processing of Grantee goods to the State. The representation and warranty <br /> in the preceding sentence shall survive the termination or expiration of this Contract. <br /> 7. Termination by Mutual Consent: The Parties may terminate this Contract by mutual consent with 60 days <br /> notice to the other Party, or as otherwise provided by law. In that event, all finished or unfinished <br /> deliverable items prepared by the Grantee under this Contract shall, at the option of the Agency,become <br /> its property. If the Contract is terminated by the Agency as provided herein,the Grantee shall be paid for <br /> services satisfactorily completed,less payment or compensation previously made. <br /> 8. Termination for Cause: If,through any cause,the Grantee shall fail to fulfill its obligations under this Contract <br /> in a timely and proper manner,the Agency shall have the right to terminate this Contract by giving written <br /> notice to the Grantee and specifying the effective date thereof. In that event, all finished or unfinished <br /> deliverable items prepared by the Grantee under this Contract shall, at the option of the Agency, become <br /> its property and the Grantee shall be entitled to receive just and equitable compensation for any <br /> satisfactory work completed on such materials, minus any payment or compensation previously made. <br /> Notwithstanding the foregoing provision, the Grantee shall not be relieved of liability to the Agency for <br /> damages sustained by the Agency by virtue of the Grantee's breach of this agreement,and the Agency may <br /> withhold any payment due the Grantee for the purpose of setoff until such time as the exact amount of <br /> damages due the Agency from such breach can be determined. <br /> In case of default by the Grantee, the State may procure the services from other sources and hold the <br /> Grantee responsible for any excess cost occasioned thereby. The State reserves the right to require a <br /> performance bond or other acceptable alternative performance guarantees from successful offeror without <br /> expense to the State. <br /> In addition, in the event of default by the Grantee under this Contract, the State may immediately cease <br /> doing business with the Grantee,immediately terminate for cause all existing contracts the State has with <br /> the Grantee,and de-bar the Grantee from doing future business with the State. <br /> Upon the Grantee filing a petition for bankruptcy or the entering of a judgment of bankruptcy by or against <br /> the Grantee,the State may immediately terminate,for cause,this Contract and all other existing contracts <br /> the Grantee has with the State,and de-bar the Grantee from doing future business. <br /> 9. Waiver of Default: Waiver by the Agency of any default or breach in compliance with the terms of this <br /> Contract by the Grantee shall not be deemed a waiver of any subsequent default or breach and shall not be <br /> construed to be modification of the terms of this Contract unless stated to be such in writing,signed by an <br /> authorized representative of the Agency and the Grantee and attached to the Contract. <br /> 10. Availability of Funds: The Parties to this Contract agree and understand that the payment of the sums <br /> specified in this Contract is dependent and contingent upon and subject to the appropriation, allocation, <br /> and availability of funds for this purpose to the Agency. <br /> 11. Force Majoure: Neither Party shall be deemed to be in default of its obligations hereunder if and so long as <br /> it is prevented from performing such obligations by any act of war,hostile foreign action,nuclear explosion, <br /> riot, strikes, civil insurrection, earthquake, hurricane, tornado, or other catastrophic natural event or act <br /> of God. <br /> Rev.7/2015 Governmental Page 4 of 9 <br />