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Tise Lease rlgreement IPB Dl'TS 2019-OZ
<br /> lf it is later deterrnined by the DPTS that the �idder had an excusable reason for not perfarming,
<br /> such as a strike, fire, or fioad, events which ar� not th� fault of ar are beyond the control of the
<br /> Bidder,the DPTS, after setting up a new delivery c�fi performance schedule, may allaw the Bidder
<br /> to continue work, or treat the termination as a terminatian for convenience.
<br /> Opportunity to Cure C►PTS in its sole discretion may, in the case of a termination for breach or
<br /> default, allow the Sidder 24 business days in wh�ch to cure the defect. ln such ca�e,the natice of
<br /> terminatian will state the time in which cure is perrrritted and ather apprapriate conditions.
<br /> tf 8idder faiis to remedy ta DPTS's satisfaction the breach ar default of any of the terms,
<br /> covenants, or conditions of the Cantract witt�in ten (20� days after receipt by Bidder of written
<br /> notice from DPTS setting forth the nature of said breach ar defauit, DPTS shafii have the right to
<br /> terminate the Cantract withaut any further obligatior►ta Bidder.Any such termination for default
<br /> shall not in any way operate to preclude DPTS from also pursuing all available remedies against
<br /> Bidder.
<br /> Waiver of Remedies for any Breach If DPTS elects ta waive its remedies for any breach by Bidder
<br /> of any cc�venant, term or condition af fihis Cantract, then such waiuer by DPTS shall not limit
<br /> DPTS's remedies for any succeeding breach af that or of any other term, covenant, or condition
<br /> of this Contract.
<br /> Termination for Canvenience af Defaui# {Cost-Typ� �ontractsj The DPTS may terminate the
<br /> contract, ar any portian of it, by serving a notice or termination an the Bidder. The natice shall
<br /> state whether the termination is for convenience of the DPTS or for the default of#he Bidder. If
<br /> the termination is for default,the notice shal! state the way the 8idder has failed to perform the
<br /> requirements of the contract.The Bidder sha(! account for any property in its possession paid for
<br /> from funds received from the DPTS, or property supplied ta the Bidder by the DPTS. !f the
<br /> termination is for defauit,the DPTS may fix the fee, if th� cantract provides far a fee, ta be paid
<br /> the contractor in proportion to the value,if ar�y,of wark performed up to the time of termination.
<br /> The 8idder sha{I prampt(y submit its termination ciaim to the DPTS and the parties shali negotiate
<br /> the termination settlerr►ent to be paid the Bidder.
<br /> If the termination is for the canvenience of the DPTS, the Bidder shall be paid its contract close-
<br /> out costs, and a fee, if the contract provided for payrr�ent of a fee, in proportion ta the work
<br /> performed up ta the time of termination.
<br /> Civil Rights Requirements
<br /> The following requirements apply ta the underlying contract:
<br /> 1. Nondiscrirrtination- In accordance with Title VI af the Civii Rights Act, as amended, 42
<br /> U.S,C. § 20qOd, section 303 of the Age C�iscrimination Act of 1975, as amended, 42 U.S.C.
<br /> § 6102, section 202 of the Americans with Disabilities Aet of 1990,�2 U.S.C. § 12132, and
<br /> Federal transit law at 49 U.S.C. § 5332, the Bidder agrees that it wil! nat discriminate
<br /> against any emplayee or applicant far empiayment because of race,coiar,creed, nationai
<br /> origin, sex, age, ar disability. In additinn, the Bidder agrees to compfy with applicable
<br /> Federal 'rmplementing reguiations and ather impl�menting requirements�TA may issue.
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