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25. Termination for Lack of Funds. In the event of <br /> prospective termination due to non-receipt of funds with <br /> which to carry out the provisions of this contract the COG <br /> may terminate this Contract by giving written notice to the <br /> ;Agency of such termination and specifying the effective date <br /> of such termination. In the event such written notice is <br /> given, all finished or unfinished documents and other materia <br /> as described in paragraph 15 above shall, at the option of <br /> the COG, become its property (subject to full accessibility <br /> thereto by the Agency) and the Agency will be paid an amount <br /> which bears the same ratio to the total compensation as the <br /> services actually performed bear to the total services . <br /> The Agency knowledges that if the work of the Agency covered <br /> by this Contract, less payments of compensation previously <br /> made: Provided, however, that if less than 60 percent of <br /> the services covered by this Contract have been performed <br /> upon the effective date of such termination, the Agency <br /> shall be reimbursed (in addition to the above payment) for <br /> that portion of the actual out-of-pocket expenses (not <br /> otherwise reimbursed under this Contract) incurred by the <br /> Agency during the Contract period which are directly attributa <br /> to the uncompleted portion of the services covered by this <br /> Contract. If this Contract is terminated due to the fault of <br /> the Agency, paragraph 24 hereof relative to termination <br /> shall apply. <br /> 26. Applicable Law. This Contract shall be deemed to <br /> have been executed and performed in the State of North <br /> Carolina, and all, questions of interpretation and construction <br /> shall be construed by the laws of such State. <br /> IN WITNESS WHEREOF, the Agency and COG have executed <br /> this Agreement as of the day first above written. <br />