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11 A TERMINATION OF CONTRACT <br /> 11.1 TERMINATION FOR CONVENIENCE <br /> The performance of wark under his Agreement may be terminated by the CITY in <br /> accordance with this clause in whole, or from time to time in part, whenever the CITY <br /> shall determine that such termination is in the best interest of the CITY. Any such <br /> termination shall be effected by delivery to the OWNER'S REPRESENTATIVE of a <br /> notice of termination specifying the extent to which performance of work under the <br /> Agreement is terminated, and the date upon which such termination becomes effective. <br /> After receipt of notice of termination, and except as otherwise directed by the CITY, the <br /> OWNER'S REPRESENTATIVE shall stop work under the Agreement on the date and to <br /> the extent specified in the notice of termination; place no further orders or subcontracts <br /> for services, except as may be necessary for completion of such portion of the work under <br /> the Agreement as is not terminated; terminate all orders and subcontracts to the extent <br /> that they relate to the performance of work terminated by the notice of termination; assign <br /> to the CITY in the manner, at the times, and to the extent directed by the CITY, all of the <br /> right, title, and interest of the OWNER'S REPRESENTATIVE under the orders and <br /> subcontracts so terminated, in which case the CITY shall have the right, in its discretion, <br /> to settle or pay any or all claims arising out of the termination of such orders and <br /> subcontracts, with the approval or ratification of the CITY, to the extent it may require, <br /> which approval or ratification shall be final for all purposes of this clause; complete <br /> performance of such part of the work as shall not have been terminated by the notice of <br /> termination; and take such action as may be necessary, or as the CITY may direct, for the <br /> protection or preservation of the property related to this Agreement and in which the <br /> CITY has or may acquire an interest. <br /> Settlement of claims by the OWNER'S REPRESENTATIVE under this termination for <br /> convenience clause shall be in accordance with the provisions set forth in Federal <br /> Procurement Regulations (FPR) 1-8.701 (c), (d), (e), (fl, (g), (h), (i), (j), and(k) except <br /> that wherever the word "Government" appears it shall be deleted and the word "CITY" <br /> shall be substituted in place thereof. <br /> 11.2 TERMINATION FOR DEFAULT <br /> The CITY may,by written notice of default to the OWNER'S REPRESENTATIVE, <br /> terminate the whole or any part of this Agreement if the OWNER'S REPRESENTATIVE <br /> fails to perform the services within the time specified herein or any extension thereof; or <br /> if the OWNER'S REPRESENTATIVE fails to make progress as to endanger performance <br /> of this Agreement in accordance with its terms, and in either of these two circumstances <br /> does not cure such failure within a period of ten(10) days (or such longer period as the <br /> CITY may authorize in writing) after receipt of notice from the CITY specifying such <br /> failure. <br /> If the Agreement is terminated in whole or in part for default, the CITY may procure, <br /> upon such terms and in such manner as the CITY may deem appropriate, services similar <br /> to those so terminated. The OWNER'S REPRESENTATIVE shall be liable to the CITY <br /> for any excess costs for such similar services, and shall continue the performance of this <br /> Agreement to the extent not terminated under the provisions of this clause. <br /> Decatur Public Ti•ansit S stem <br /> Y <br /> Owner's Representative 14 <br />