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-10- <br /> 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, al finished or unfinished documents and other materials <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 lactually performed bear to the total services. <br /> Provided, however, that if less than 60 percent of the <br /> services covered by this Contract have been performed upon <br /> the effective date of such termination, the Agency shall be <br /> reimbursed (in addition to the above payment) for that <br /> portion of the actual out-of-pocket expenses (not otherwise <br /> reimburse under this Contract) incurred by the Agency <br /> during the Contract period which are directly attributable <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 appiy. <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 /> eismassasâ– ---_ <br />