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.............................. . <br /> 0b <br /> (b) In the event the County terminates this contract in whole <br /> or in part as provided in paragraph (a) of this section, the County <br /> may procure, upon such terms and in such manner as the County may <br /> deem appropriate, equipment and/or services similar to those so <br /> terminated, and the Company shall be liable to the County for any <br /> • excess costs for such similar 'equipment and/or services: Provide-d, <br /> that the Company shall continue the performance of this contract to <br /> the extent not terminated under the provisions of this section. <br /> : ' :..: . ' (e) Except with respect t o defaults of subcontractors, tl.e- ....... _ c- <br /> ;, -• <br /> Company shall rot be liable for any excess costs if the failure to <br /> perform the contract arises out of causes beyond the control and <br /> without the fault or negligence of the Company. Causes beyond the <br /> control and without the fault or, negligence of the Company are <br /> defined as those causes constituting "excusable delay" in action .(7) <br /> of this contract. If the failure to perform is caused by the default <br /> of -a subcontractor, and if such default arises out of causes beyond <br /> the control of both the Company and the subcontractor, and without <br /> the fault or negligence of either of them, the Company shall not be <br /> • liable for any excess costs for failure to perform, unless the <br /> equipment and/or services to be furnished by the subeontrator were <br /> obtainable from other sources in sufficient time to permit the <br /> Company to meet the required delivery schedule. <br /> (d) If this contract is terminated as provided in paragraph <br /> (a) of this section, the County, in addition to any other rights <br /> provided. in this section, may require the Company to transfer title <br /> and deliver to the County, in the manner and to the extent directed <br /> by the County, any material and equipment as the Company has <br /> specifically produced or specifically acquired for the performance of <br /> such part of this contract as has been terminated; and the Company <br /> shall, upon direction of the County, protect and preserve property in <br /> possession of the Company in which the County has an interest. <br /> Payment for material and equipment installed by the Company and <br /> accepted by the County shall be at the contract price. Payment for <br /> material and equipment delivered to and accepted by the County and <br /> for the protection and preservation of property shall be in an <br /> amount agreed upon by the Company and the County. - The County <br /> may withhold from amounts otherwise due the Company for such <br /> installed material and equipment such such as the County determines <br /> to be necessary to protect the County against loss because of <br /> outstanding liens or claims of former lien holders. <br /> (e) If, after notice of termination of this contract under the <br /> provisions of this section, it is determined for any reason that the <br /> Company was not in default under the provisions of this section, or <br /> that the default was excusable under the provisions of this section, <br /> the rights and obligations of the parties shall be the same as if the <br /> notice of termination had been issued pursuant to section (5) of this <br /> contract. <br /> -3- <br />