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a. The Department of Transportation. In the event of the Contractor's noncompliance <br /> with any of the provisions of this Agreement, the Department may suspend or terminate the Agreement <br /> by giving the Contractor thirty (30) days advance notice. Any failure to make reasonable progress on <br /> the Project or violation of this Agreement for the Project that endangers substantial performance of the <br /> Project shall provide sufficient grounds for the Department to terminate the Agreement for the Project. <br /> In general, termination of Federal and State assistance for the Project will not invalidate obligations <br /> properly incurred by the Contractor before the termination date to the extent those obligations cannot <br /> be canceled. If, however, the Department determines that the Contractor has willfully misused <br /> Federal/State assistance by failing to make adequate progress, failing to make reasonable and <br /> appropriate use of Project property, or failing to comply with the terms of this Agreement for the Project, <br /> the Department reserves the right to require the Contractor to refund the entire amount of Federal and <br /> State assistance provided for the Project or any lesser amount as the Department may determine. <br /> Expiration of any Project time period established for the Project does not, by itself, constitute an <br /> expiration or termination of the Agreement for the Project. The Department, before issuing notice of <br /> Agreement termination, shall allow the Contractor a reasonable opportunity to correct for <br /> noncompliance. Upon noncompliance with the nondiscrimination section (Section 8) of this Agreement <br /> or with 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 accordance <br /> with procedures authorized in Executive Orders No. 11246 and No. 11375, and such other sanctions <br /> may be imposed and remedies invoked as provided in the said Executive Order or by rule, regulation or <br /> order of the Secretary of Labor, or as otherwise provided by law. In addition to the Department's rights <br /> of termination described above, the Department may terminate its participation in the Project by <br /> notifying and receiving the concurrence of the Contractor within sixty (60) days in advance of such <br /> termination. <br /> b. The Contractor. The Contractor may terminate its participation in the Project by <br /> notifying and receiving the concurrence of the Department sixty (60) days in advance of the termination. <br /> 05/27/2015 Page 32 of 35 <br />