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9 <br /> finally resolved. If the Service Provider is not able to retain the necessary WIOA participant and financial <br /> records, written notification will be provided to Capital Area containing the reasons therefore. Such records <br /> shall then be transmitted to Capital Area for acceptance in an orderly fashion with documents properly <br /> labeled and filed and in an acceptable condition for storage. <br /> 11. Disallowed Costs. The Service Provider agrees to refund to Capital Area any/all expenditures under this <br /> Contract which are disallowed in future audits. All funding paybacks must be made using non-federal <br /> dollars. This provision survives the Term of the Agreement. <br /> 12. Termination of Agreement for Cause. <br /> a. If, for any cause, the Service Provider shall fail to fulfill in a timely and proper manner his obligations <br /> under this Contract, or if the Service Provider shall violate any of the covenants, or provisions of this <br /> Contract, Capital Area shall thereupon have the right to terminate this Contract by giving written notice <br /> to the Service Provider of such termination and specifying the effective date thereof, at least ten (10) <br /> days before the effective date of such termination. In such event, the Service Provider shall be entitled to <br /> receive just and equitable reimbursement for costs properly incurred prior to termination, subject to <br /> submission of any performance reports. <br /> b. If, for any cause, Capital Area shall fail to fulfill in a timely and proper manner its obligations under this <br /> Contract, or if Capital Area shall violate any of the covenants, or provisions of this Contract, the Service <br /> Provider shall thereupon have the right to terminate this Contract by giving written notice to Capital <br /> Area of such termination and specifying the effective date thereof, at least ten (10) days before the <br /> effective date of such termination. In such event, the Service Provider shall be entitled to receive just <br /> and equitable reimbursement for costs properly incurred prior to termination, subject to submission of <br /> any performance reports. <br /> c. Notwithstanding the above, and unless otherwise specified herein, the Service Provider shall not be <br /> relieved of liability to Capital Area or damages sustained by Capital Area by virtue of any breach of the <br /> Contract by the Service Provider, and Capital Area may withhold any payments to the Service Provider <br /> for the purpose of setoff until such time as the exact amount of damages due Capital Area from the <br /> Service Provider is determined. Additionally, Capital Area shall not be relieved of liability to the <br /> Service Provider for damages due the Service Provider. <br /> 13. Termination for Convenience. <br /> a. The performance of work under the Contract may be terminated, in whole, or in part, by Capital Area <br /> whenever it is determined that such termination or suspension is in the best interest of Capital Area. <br /> Termination of work hereunder shall be effected by delivery to the Service Provider of a Notice of <br /> Termination specifying the extent to which performance of work under the Contract is terminated and <br />