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<br />002100 <br /> <br />considerations, Reclamation has the right to suspend the work immediately. If this right is <br />exercised, notification to the Contractor will immediately follow the suspension. The remedies <br />in Subsection K.l (b) and (c) above shall apply to this provision. <br /> <br />3. Termination of Work for Cause. <br /> <br />(a) If the Contractor refuses or fails to prosecute the work or any separable part, <br />with the diligence and compliance that will insure its successful completion within the <br />time specified in the affected contract, including any extension, or fails to complete <br />successfully the work within this time, Reclamation may, by written notice to the <br />Contractor, terminate the right to proceed with the work (or the separable part of the <br />work) that has been delayed. Prior to issuing a termination notice, Reclamation shall give <br />the Contractor written notice specifYing the failure and providing a period of 10 days in <br />which to cure the failure. Upon expiration of the 10 day period, the Contracting Officer <br />may issue a notice of termination for default unless it is determined that the failure to <br />perform has been cured. In the event the failure to perform has not been cured, <br />Reclamation may take over the work and complete it by contract or otherwise, and may <br />take possession of and use any materials, appliances, and plant on the work site necessary <br />for completing the work. The Contractor and any related sureties shall be liable for <br />damage to Reclamation resulting from the Contractor's refusal or failure to complete the <br />work within the specified time, whether or not the Contractor's right to proceed with the <br />work is terminated. This liability includes any increased costs incurred by Reclamation in <br />completing the work. Each party remains under a continuing duty to mitigate the impacts ( <br />arising out of events described in this paragraph. Nothing in this paragraph will operate <br />to deprive the Contractor of payments which it would otherwise be entitled to. <br /> <br />(b) In order to maintain project completion goals, Reclamation shall conduct <br />contract administration activities by providing timely feedback to the Contractor <br />regarding performance. In addition, Reclamation shall provide the Contractor a <br />reasonable amount of time to cure performance issues prior to invoking the termination <br />process. <br /> <br />(c) The Contractor's right to proceed shall not be terminated nor the Contractor <br />charged with damages under this clause, if- <br /> <br />(1) The delay in completing the work arises from unforeseeable causes <br />beyond the control and without the fault or negligence of the Contractor. <br />Examples of such causes include- <br /> <br />(i) Acts of God or of the public enemy, <br />(ii) Acts of the Government in either its sovereign or contractual <br />capacity, <br />(iii) Acts of another Contractor in the performance of a contract <br /> <br />16 <br />