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7 <br /> furnishing or supplying work, services, materials, or supplies in connection with the performance of this <br /> Contract, and from any and all claims and losses accruing or resulting to any person, firm, or corporation that <br /> may be injured or damaged by the Grantee in the performance of this Contract and that are attributable to the <br /> negligence or intentionally tortious acts of the Grantee provided that the Grantee is notified in writing within <br /> 30 days that the State has knowledge of such claims. The Grantee represents and warrants that it shall make <br /> no claim of any kind or nature against the State's agents who are involved in the delivery or processing of <br /> Grantee goods to the State. The representation and warranty in the preceding sentence shall survive the <br /> termination or expiration of this Contract. <br /> 7. Termination by Mutual Consent:The Parties may terminate this Contract by mutual consent with 60 days notice <br /> to the other Party, or as otherwise provided by law. In that event, all finished or unfinished deliverable items <br /> prepared by the Grantee under this Contract shall, at the option of the Agency, become its property. If the <br /> Contract is terminated by the Agency as provided herein, the Grantee shall be paid for services satisfactorily <br /> completed, less payment or compensation previously made. <br /> 8. Termination for Cause: If, through any cause, the Grantee shall fail to fulfill its obligations under this Contract <br /> in a timely and proper manner, the Agency shall have the right to terminate this Contract by giving written <br /> notice to the Grantee and specifying the effective date thereof. In that event, all finished or unfinished <br /> deliverable items prepared by the Grantee under this Contract shall, at the option of the Agency, become its <br /> property and the Grantee shall be entitled to receive just and equitable compensation for any satisfactory work <br /> completed on such materials, minus any payment or compensation previously made. Notwithstanding the <br /> foregoing provision, the Grantee shall not be relieved of liability to the Agency for damages sustained by the <br /> Agency by virtue of the Grantee's breach of this agreement,and the Agency may withhold any payment due the <br /> Grantee for the purpose of setoff until such time as the exact amount of damages due the Agency from such <br /> breach can be determined. <br /> In case of default by the Grantee, the State may procure the services from other sources and hold the Grantee <br /> responsible for any excess cost occasioned thereby. The State reserves the right to require a performance bond <br /> or other acceptable alternative performance guarantees from successful offeror without expense to the State. <br /> In addition, in the event of default by the Grantee under this Contract, the State may immediately cease doing <br /> business with the Grantee,immediately terminate for cause all existing contracts the State has with the Grantee, <br /> and de-bar the Grantee from doing future business with the State. <br /> Upon the Grantee filing a petition for bankruptcy or the entering of a judgment of bankruptcy by or against the <br /> Grantee, the State may immediately terminate, for cause, this Contract and all other existing contracts the <br /> Grantee has with the State, and de-bar the Grantee from doing future business. <br /> 9. Waiver of Default:Waiver by the Agency of any default or breach in compliance with the terms of this Contract <br /> by the Grantee shall not be deemed a waiver of any subsequent default or breach and shall not be construed to <br /> be modification of the terms of this Contract unless stated to be such in writing, signed by an authorized <br /> representative of the Agency and the Grantee and attached to the Contract. <br /> 10. Availability of Funds:The Parties to this Contract agree and understand that the payment of the sums specified <br /> in this Contract is dependent and contingent upon and subject to the appropriation, allocation, and availability <br /> of funds for this purpose to the Agency. <br /> 11. Force Majeure: Neither Party shall be deemed to be in default of its obligations hereunder if and so long as it is <br /> prevented from performing such obligations by any act of war, hostile foreign action, nuclear explosion, riot, <br /> strikes, civil insurrection, earthquake, hurricane, tornado, or other catastrophic natural event or act of God. <br /> Rev. 07/2024 Governmental 3 of 8 <br />