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(1) settle all outstanding liabilities and all claims arising out of such cancellation of <br /> commitments, with approval or ratification of the Principal Representative, to the extent <br /> he may require, which approval or ratification shall be final for all purposes of this <br /> clause, and <br /> (2) assign to the State, in the manner, at the time, and to the extent directed by the <br /> Principal Representative, all of the right, title, and interest of the CONTRACTOR under <br /> the orders and subcontracts so terminated, in which case the State shall have the <br /> right, in its discretion, to settle or pay any or all claims arising out of the termination of <br /> such orders and subcontracts. <br /> (c) The CONTRACTOR shall submit his termination claim to the Principal Representative <br /> promptly after receipt of a Notice of Termination, but in no event later than ninety (90) days <br /> from the effective date of termination, unless one or more extensions in writing are granted <br /> by the Principal Representative upon written request of the CONTRACTOR within such one- <br /> year period or authorized extension thereof. Upon failure of the CONTRACTOR to submit his <br /> termination claim within the time allowed, the Principal Representative may determine, on <br /> the basis of information available to him, the amount, if any, due to the CONTRACTOR by <br /> reason of the termination and shall thereupon pay to the CONTRACTOR the amount so <br /> determined. <br /> (d) Costs claimed, agreed to, or determined pursuant to (c) above and (e) below shall be in <br /> accordance with the provisions of ARTICLE 107 (COST PRINCIPLES) of the Colorado <br /> Procurement Code and Rules as in effect on the date of this Contract. <br /> (e) Subject to the provisions of paragraph (c) above, the CONTRACTOR and the Principal <br /> Representative may agree upon the whole or any part of the amount or amounts to be paid <br /> to the CONTRACTOR by reason of the termination under this clause, which amount or <br /> amounts may include any reasonable cancellation charges thereby incurred by the <br /> CONTRACTOR and any reasonable loss upon outstanding commitments for personal <br /> services which he is unable to cancel; provided, however, that in connection with any <br /> outstanding commitments for personal services which the CONTRACTOR is unable to <br /> cancel, the CONTRACTOR shall have exercised reasonable diligence to divert such <br /> commitments to his other activities and operations. Any such agreement shall be embodied <br /> in an amendment to this Contract and the CONTRACTOR shall be paid the agreed amount. <br /> (f) The State may from time to time, under such terms and conditions as it may prescribe, make <br /> partial payments against costs incurred by the CONTRACTOR in connection with the <br /> termination portion of this Contract, whenever, in the opinion of the Principal Representative, <br /> the aggregate of such payments is within the amount to which the CONTRACTOR will be <br /> entitled hereunder. <br /> (g) The CONTRACTOR agrees to transfer title and deliver to the State, in the manner, at the <br /> time, and to the extent, if any, directed by the Principal Representative, such information and <br /> items which, if the Contract had been completed, would have been required to be furnished <br /> to the State, including: <br /> (1) completed or partially completed plans, drawings and information; and <br /> Colorado Division of Reclamation, Mining and Safety <br /> Page 18 of 22 Pages <br /> Revised:9/17/2019 <br />