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The Contractor may not terminate any DBE subcontractor and perform that work through its own <br /> forces or those of an affiliate without prior written consent of the City. <br /> Termination. <br /> a. Termination for Convenience The City of Decatur may terminate this contract, in whole or <br /> in part, at any time by written notice to the Contractor when it is in the Government's best <br /> interest. The Contractor shall be paid its costs, including contract close-out costs, and profit on <br /> work performed up to the time of termination. The Contractor shall promptly submit its <br /> termination claim to City of Decatur to be paid the Contractor. If the Contractor has any <br /> property in its possession belonging to the City of Decatur, the Contractor will account for the <br /> same, and dispose of it in the manner the City of Decatur directs. <br /> b. Termination for Default,Breach or Cause If the Contractor does not deliver supplies in <br /> accordance with the contract delivery schedule, or, if the contract is for services, the Contractor <br /> fails to perform in the manner called for in the contract, or if the Contractor fails to comply with <br /> any other provisions of the contract,the City of Decatur may terminate this contract for default. <br /> Termination shall be effected by serving a notice of termination on the contractor setting forth <br /> the manner in which the Contractor is in default. The contractor will only be paid the contract <br /> price for supplies delivered and accepted, or services performed in accordance with the manner <br /> of performance set forth in the contract. <br /> If it is later determined by the City of Decatur that the Contractor had an excusable reason for not <br /> performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the <br /> control of the Contractor, the City of Decatur, after setting up a new delivery of performance <br /> schedule,may allow the Contractor to continue work, or treat the termination as a termination for <br /> convenience. <br /> c. Opportunity to Cure The City of Decatur in its sole discretion may, in the case of a <br /> termination for breach or default, allow the Contractor [an appropriately short period of time] in <br /> which to cure the defect. In such case, the notice of termination will state the time period in <br /> which cure is permitted and other appropriate conditions <br /> If Contractor fails to remedy to City of Decatur's satisfaction the breach or default of any of the <br /> terms, covenants, or conditions of this Contract within ten(10) days after receipt by Contractor <br /> of written notice from City of Decatur setting forth the nature of said breach or default, City of <br /> Decatur shall have the right to terminate the Contract without any further obligation to <br /> Contractor. Any such termination for default shall not in any way operate to preclude City of <br /> Decatur from also pursuing all available remedies against Contractor and its sureties for said <br /> breach or default. <br /> d. Waiver of Remedies for any Breach In the event that City of Decatur elects to waive its <br /> remedies for any breach by Contractor of any covenant, term or condition of this Contract, such <br /> waiver by City of Decatur shall not limit City of Decatur's remedies for any succeeding breach of <br /> that or of any other term, covenant, or condition of this Contract. <br /> - 18 - <br />