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(e) Terminate this contract for default.
<br />The above remedies are cumulative and the State, in its sole discretion, may exercise any or all of them
<br />individually or simultaneously.
<br />21. Termination for Convenience
<br />21.1 When the interests of the State so require, the State may terminate this contract in whole or in part,
<br />for the convenience of the State. The State shall give written notice of termination to Grantee
<br />specifying the termination of all or a portion of this contract and the effective date of such. Exercise
<br />by the State of this termination for convenience provision shall not be deemed a breach of contract
<br />by the State. Upon receipt of written notice, Grantee shall incur no further obligations in connection
<br />with the terminated work and, on the date set in the notice of termination, Grantee shall stop work to
<br />the extent specified. Grantee also shall terminate outstanding orders and subcontracts as they relate
<br />to the terminated work. All finished or unfinished documents, data, studies, research, surveys,
<br />drawings, maps, models, photographs, and reports or other materia(s prepared by Grantee under this
<br />contract shall, at the option of the State, be delivered by Grantee to the State and shall become the
<br />State's property. The State may direct Grantee to assign Grantee's right, title, and interest under
<br />terminated orders or subcontracts to the State. Grantee shall complete and deliver to the State the
<br />work not terminated by the notice of termination and may incur obligations as are necessary to do so
<br />within the contract terms.
<br />21.2 If this contract is terminated by the State as provided herein, Grantee shall be paid an amount which
<br />bears the same ratio to the total compensation as the Services satisfactorily performed or the Goods
<br />or deliverables satisfactorily delivered or installed bear to the total Services, Goods or deliverables
<br />covered by this contract, less payments of compensation previously made. In addition, for contracts
<br />that are less than 60% completed, the State may reimburse the Grantee for a portion of actual out-of-
<br />pocket expenses (not otherwise reimbursed under this contract) incurred by Grantee during the
<br />contract period which are directly attributable to the uncompleted portion of Grantee's obligations
<br />covered by �his contract ln no event shall reim6ursemenf under this clause exceed the contract
<br />amount. If this contract is terminated for cause, or due to the fault of the Grantee, the Termination for
<br />Cause or Default provision shall apply.
<br />22. Termination for Default/Cause
<br />If Grantee refuses or fails to perform any of the provisions of this contract with such diligence as will ensure
<br />its completion within the time and pursuant to the requirements and terms specified in this contract, the
<br />State may notify Grantee in writing of such non-performance. If Grantee fails to promptly correct such
<br />delay or non-performance within the time specified, the State, may at its option, terminate this entire
<br />contract or such part of this contract as to which there has been delay or a failure to properly perform. If
<br />terminated for cause, the State shall only reimburse Grantee for accepted work or deliverables received up
<br />to the date of termination and final payments may be withheld. In the event of termination, all finished or
<br />unfinished documents, data, studies, research surveys, reports, other materials prepared by Grantee, or
<br />materials owned by the State in the possession of Grantee, at the option of the State, shall be returned
<br />immediately to the State or retained by the State as its property. At the State's option, Grantee shall
<br />continue performance of this contract to the extent not terminated, if any, and shall be liable for excess
<br />costs incurred by the State in procuring from third parties replacement services or substitute goods as
<br />cover. Notwithstanding any remedial action by the State, Grantee also shall remain liable to the State for
<br />any damages sustained by the State by virtue of any breach by Grantee and the State may withhold any
<br />payment to Grantee for the purpose of mitigating the State's damages, until such time as the exact amount
<br />of damages due to the State from Grantee is determined. Upon termination by the State, Grantee shall take
<br />timely, reasonable and necessary action to protect and preserve property in the possession of Grantee in
<br />which the State has an interest. Further, the State may withhold amounts due to Grantee as the State
<br />deems necessary to protect the State against loss because of outstanding liens or claims of former lien
<br />holders and to reimburse the State for the excess costs incurred in procuring similar goods or services.
<br />Any action taken by the State hereunder or pursuant to paragraph 15 shall not be cause for Grantee to
<br />terminate this Contract for defau�t or material breach. If, after termination by the State, it is determined for
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