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association with any Order, and requirements for records administration and audit. <br />Termination of the Master Agreement due to Contractor default may be immediate <br />pursuant to Section 36, Defaults and Remedies. <br />35. Force Majeure <br />Neither party to this Master Agreement shall be held responsible for delay or default <br />caused by fire, riot, unusually severe weather, other acts of God, war, or occurrences <br />which are beyond that party's reasonable control. The Lead State may terminate this <br />Master Agreement after determining such delay or default will reasonably prevent <br />successful performance of the Master Agreement. <br />36. Defaults and Remedies <br />a. The occurrence of any of the following events by Contractor shall be an event of <br />default under this Master Agreement: <br />(1) Nonperformance of contractual requirements; or <br />(2) A material breach of any term or condition of this Master Agreement; or <br />(3) Any certification, representation or warranty by Contractor in response to the <br />solicitation or in this Master Agreement that proves to be untrue or materially <br />misleading; or <br />(4) Institution of proceedings under any bankruptcy, insolvency, reorganization or <br />similar law, by or against Contractor, or the appointment of a receiver or similar <br />officer for Contractor or any of its property, which is not vacated or fully stayed <br />within thirty (30) calendar days after the institution or occurrence thereof; or <br />(5) Any default specified in another section of this Master Agreement <br />b. Upon the occurrence of an event of default, the Lead State shall issue a written <br />notice of default, identifying the nature of the default, and providing a period of 15 <br />calendar days in which Contractor shall have an opportunity to cure the default. The <br />Lead State shall not be required to provide advance written notice or a cure period and <br />may immediately terminate this Master Agreement in whole or in part if the Lead State, <br />in its sole discretion, determines that it is reasonably necessary to preserve public <br />safety or prevent immediate public crisis. Time allowed for cure shall not diminish or <br />eliminate Contractor's liability for damages, including liquidated damages to the extent <br />provided for under this Master Agreement. <br />c. If Contractor is afforded an opportunity to cure and fails to cure the default within the <br />period specified in the written notice of default, Contractor shall be in breach of its <br />obligations under this Master Agreement and the Lead State shall have the right to <br />exercise any or all of the following remedies: <br />(1) Exercise any remedy provided by law; and <br />(2) Terminate this Master Agreement and any related Contracts or portions <br />thereof; and <br />Attachment A: Page 22 of 31 <br />