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TERMINATION FOR DEFAULT (EQUIPMENT) <br />The Owner may, by written notice of default to the Contractor, terminate all or part of this Contract if <br />the Contractor: <br />1. Fails to commence the Work under the Contract within the time specified in the Notice- to - <br />Proceed; <br />Fails to make adequate progress as to endanger performance of this Contract in accordance with <br />its terms; <br />3. Fails to make delivery of the equipment within the time specified in the Contract, including any <br />Owner approved extensions; <br />4. Fails to comply with material provisions of the Contract; <br />Submits certifications made under the Contract and as part of their proposal that include false or <br />fraudulent statements; or <br />6. Becomes insolvent or declares bankruptcy. <br />If one or more of the stated events occur, the Owner will give notice in writing to the Contractor and <br />Surety of its intent to terminate the contract for cause. At the Owner's discretion, the notice may allow <br />the Contractor and Surety an opportunity to cure the breach or default. <br />If within [10] days of the receipt of notice, the Contractor or Surety fails to remedy the breach or default <br />to the satisfaction of the Owner, the Owner has authority to acquire equipment by other procurement <br />action. The Contractor will be liable to the Owner for any excess costs the Owner incurs for acquiring <br />such similar equipment. <br />Payment for completed equipment delivered to and accepted by the Owner shall be at the Contract <br />price. The Owner may withhold from amounts otherwise due the Contractor for such completed <br />equipment, such sum as the Owner determines to be necessary to protect the Owner against loss because <br />of Contractor default. <br />Owner will not terminate the Contractor's right to proceed with the Work under this clause if the delay <br />in completing the work arises from unforeseeable causes beyond the control and without the fault or <br />negligence of the Contractor. Examples of such acceptable causes include: acts of God, acts of the <br />Owner, acts of another Contractor in the performance of a contract with the Owner, and severe weather <br />events that substantially exceed normal conditions for the location. <br />If, after termination of the Contractor's right to proceed, the Owner determines that the Contractor was <br />not in default, or that the delay was excusable, the rights and obligations of the parties will be the same <br />as if the Owner issued the termination for the convenience the Owner. <br />The rights and remedies of the Owner in this clause are in addition to any other rights and remedies <br />provided by law or under this contract. <br />TERMINATION FOR DEFAULT (PROFESSIONAL SERVICES) <br />Either party may terminate this Agreement for cause if the other party fails to fulfill its obligations that <br />are essential to the completion of the work per the terms and conditions of the Agreement. The party <br />Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects <br />Issued on December 12, 2017 Page 66 <br />