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' CONTRACT NO. H04049 <br />event, all of the services required hereunder shall be completed by the '94`h day of (~ <br />April, 2005. <br />10. If, through any cause, the GRANTEE shall fail to fulfill in a timely <br />and proper manner the obligations under this agreement, the DEPARTMENT shall <br />thereupon have the right to terminate this contract by giving written notice to the <br />GRANTEE of such termination and specifying the reason thereof and the effective <br />date thereof. In that event, all finished or unfinished documents, data, studies, <br />surveys, drawings, maps, models, photographs, and reports prepared by the <br />GRANTEE shall, at the option of the DEPARTMENT, become its property, and the <br />GRANTEE shall be entitled to receive just and equitable compensation for any <br />satisfactory work completed on such documents and other materials. 'The GRANTEE <br />shall not be relieved of liability to the DEPARTMENT for damages sustained by the <br />DEPARTMENT by virtue of any breach of this agreement, and the DEPARTMENT may <br />withhold payment to the GRANTEE for the purpose of set off until such time as the <br />exact amount of damages due the DEPARTMENT from such breach can be <br />determined. <br />11. This contract may be terminated by either party upon thirty (30) <br />days notice given in writing by one party to the other. If the contract is terminated, all <br />finished or unfinished documents and. other materials shall, at the option of the <br />DEPARTMENT, became its property. Termination of the contract by the GRANTEE <br />shall not p'rohi6it the DEPARTMENT from 'seeking remedy for additional costs <br />consequential to the termination, which are incurred by the DEPARTMENT. If the <br />contract is terminated by the DEPARTMENT as provided herein, the GRANTEE will be <br />paid m an amount which bears the same ratio to the total compensation as the <br />services actually performed bear #o the total services of the GRANTEE covered by this <br />agreement; for costs of work performed by subcontractors for the GRANTEE provided <br />that such subcontracts have been approved as provided Herein; or for each full day of <br />services performed where comiensation is based on each full day of services <br />performed, less payment of compensation previously made. The GRANTEE shall <br />repay to the DEPARTMENT any compensation he has received which is in excess of <br />the payment to which he is entitled herein. <br />12. The GRANTEE shall ensure that all publications produced as a <br />result of this contract are printed double-sided on recycled paper. <br />13. The DEPARTMENT may, from time to time, request changes in the <br />scope of the services of the GRANTEE to be erformed under this agreement. Such <br />changes, including any increase or decrease'n the amount of the GRANTEE'S <br />compensation, which are mutually agreed upon by'and between the GRANTEE and <br />the DEPARTMENT, shall be incorporated in written amendments to this contract. <br />14. Any information, data, instruments, documents studies or reports <br />given to or prepared or assembled by the GRANTEE under this agreement shall be <br />kept as confidential and not divulged or made available to any individual or <br />organization without the prior written approval of the DEPARTMENT. <br />3 of 5 <br />