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Tire Lease Agreement IFB TR 2025-01 <br /> Resolution of Disputes,Breaches, or Other Litigation <br /> Disputes <br /> Except as otherwise provided in any subsequent Contract, any dispute concerning a question of <br /> fact arising under a contract, which is not disposed of by mutual agreement, shall be decided by <br /> the Contracting Officer, who shall reduce his/her decision to a written response and mail or <br /> otherwise furnish a copy thereof to the Contractor. The decision of the Contracting Officer shall <br /> be final and conclusive, unless determined by a court of competent jurisdiction to have been <br /> fraudulent, or capricious, or arbitrary, or so grossly erroneous as necessarily to imply bad faith, <br /> or not supported by substantial evidence. In connection with any appeal proceeding under this <br /> clause, Buyer shall afford the Contractor an opportunity to be heard and to offer evidence in <br /> support of its appeal. Pending final decision of a dispute hereunder, the Contractor shall proceed <br /> diligently with the performance of the contract and in accordance with the Contracting Officer's <br /> decision. <br /> FTA's review of protests is limited to allegations that the Grantee (Buyer) failed to follow the <br /> above procedure. This clause does not preclude consideration of law questions in connection <br /> with decisions provided for in this clause, provided that nothing in an Agreement or Contract <br /> shall be construed as making final the decision of any administrative official, representative, or <br /> board on a question of law. <br /> Breach of Contract If, through any cause,the Contractor shall fail to fulfill in a timely and proper <br /> manner its obligations under any subsequent contract or agreement, or if the Contractor shall <br /> violate any of the covenants, agreements, or stipulations of any subsequent contract or <br /> agreement,the Buyer(s) shall thereupon have the right to terminate any subsequent contract or <br /> agreement by giving written notice to the Contractor of such termination and specifying the <br /> effective date thereof, at least five (5) calendar days before the effective date of such termination. <br /> In such event, all unfinished drawings, maps, photographs or other material prepared by the <br /> Contractor under any subsequent contract or agreement shall, at the option of the Buyer(s), <br /> become its property, and the Contractor shall be entitled to receive just and equitable <br /> compensation for any satisfactory work completed on such documents, materials, or equipment. <br /> Notwithstanding the above,the Contractor shall not be relieved of liability to the Buyer(s) for <br /> damages sustained by the Buyer, by virtue of any breach of any subsequent contract or <br /> agreement by the Contractor, and the Buyer(s) may withhold any payments to the Contractor <br /> until such time as the final compensation to the Contractor is determined. <br /> Any subsequent contract or agreement also may be terminated at the discretion of both parties <br /> due to circumstances beyond the control of the Contractor, such as national disaster, acts of God, <br /> or strikes by organized labor unions. <br /> 17 <br />