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Contract for Armed Security Services Page 4
Contract for Armed Security Services
Contract #: Page 4 of 17
State. Contractor must still complete the work not terminated by the notice of termination and may
incur obligations as are necessary to do so.
16. Termination for Default.
a. Default. If Contractor refuses or fails to perform any of the provisions of this contract with such
diligence as will ensure its completion within the time specified in this contract or any extension
thereof, or otherwise fails to timely satisfy the contract provisions, or commits any other substantial
breach of this contract, the procurement officer may notify Contractor in writing of the delay or
nonperformance and if not cured in ten (10) days or any longer time specified in writing by the
procurement officer, such officer may terminate Contractor's right to proceed with the contract or such
part of the contract as to which there has been delay or a failure to properly perform. In the event of
termination in whole or in part, the procurement officer may procure similar supplies or services in a
manner and upon terms deemed appropriate by the procurement officer. Contractor shall continue
performance of the contract to the extent it is not terminated and shall be liable for excess costs
incurred in procuring similar goods or services.
b. Contractor's Duties. Notwithstanding termination of the contract and subject to any directions from
the procurement officer, Contractor shall take timely, reasonable, and necessary action to protect and
preserve property in the possession of Contractor in which the State has an interest.
c. Compensation. Payment for completed services delivered and accepted by the State shall be at the
contract price. The State may withhold from amounts due Contractor such sums as the procurement
officer deems to be necessary to protect the State against loss because of outstanding liens or claims of
former lien holders and to reimburse the State for the excess costs incurred in procuring similar goods
and services.
d. Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of
subcontractors, Contractor shall not be in default by reason of any failure in performance of this
contract in accordance with its terms (including any failure by Contractor to make progress in the
prosecution of the work hereunder which endangers such performance) if Contractor has notified the
procurement officer within 15 days after the cause of the delay and the failure arises out of causes such
as: acts of God; acts of the public enemy; acts of the State and any other governmental entity in its
sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other
labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by
the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes
similar to those set forth above, Contractor shall not be deemed to be in default, unless the services to
be furnished by the subcontractor were reasonably obtainable from other sources in sufficient time to
permit Contractor to meet the contract requirements. Upon request of Contractor, the procurement
officer shall ascertain the facts and extent of such failure, and, if such officer determines that any
failure to perform was occasioned by any one or more of the excusable causes, and that, but for the
excusable cause, Contractor's progress and performance would have met the terms of the contract, the
delivery schedule shall be revised accordingly, subject to the rights of the State under the clause
entitled (in fixed-price contracts, “Termination for Convenience,” in cost-reimbursement contracts,
“Termination”). (As used in this Paragraph of this clause, the term “subcontractor” means
subcontractor at any tier).
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