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a) Cancellation for Non-Performance or Contractor Deficiency. Region 4 ESC may terminate <br />the Contract if purchase volume is determined to be low volume in any 12-month period. <br />Region 4 ESC reserves the right to cancel the whole or any part of this Contract due to <br />failure by Contractor to carry out any obligation, term or condition of the contract. Region <br />4 ESC may issue a written deficiency notice to Contractor for acting or failing to act in any <br />of the following: <br />i. Providing material that does not meet the specifications of the Contract; <br />ii. Providing work or material was not awarded under the Contract; <br />iii. Failing to adequately perform the services set forth in the scope of work and <br />specifications; <br />iv. Failing to complete required work or furnish required materials within a reasonable <br />amount of time; <br />v. Failing to make progress in performance of the Contract or giving Region 4 ESC <br />reason to believe Contractor will not or cannot perform the requirements of the <br />Contract; or <br />vi. Performing work or providing services under the Contract prior to receiving an <br />authorized purchase order. <br /> <br />Upon receipt of a written deficiency notice, Contractor shall have ten (10) days to provide <br />a satisfactory response to Region 4 ESC. Failure to adequately address all issues of <br />concern may result in Contract cancellation. Upon cancellation under this paragraph, all <br />goods, materials, work, documents, data and reports prepared by Contractor under the <br />Contract shall immediately become the property of Region 4 ESC. <br />b) Termination for Cause. Conditions of cancellation are addressed in the General Terms <br />and Conditions set forth by Region 4 ESC in the section titled “NON-PERFORMANCE <br />/TERMINATION OF CONTRACT”. <br />c) Delivery/Service Failures. Failure to deliver goods or services within the time specified, or <br />within a reasonable time period as interpreted by the purchasing agent or failure to make <br />replacements or corrections of rejected articles/services when so requested shall <br />constitute grounds for the Contract to be terminated. In the event Region 4 ESC must <br />purchase in an open market, Contractor agrees to reimburse Region 4 ESC, within a <br />reasonable time period, for all expenses incurred. <br />d) Force Majeure. Conditions of Force Majeure are addressed in the General Terms and <br />Conditions set forth by Region 4 ESC in the section titled “FORCE MAJEURE”. <br />e) Standard Cancellation for Convenience. Region 4 ESC may cancel this Contract in whole <br />or in part for convenience and without cause by providing written notice. Such cancellation <br />will take effect 30 calendar days after Region 4 sends the notice of cancellation. After the <br />30th calendar day all work will cease following completion of final purchase order, provided <br />that when Region 4 may in its sole discretion direct Contractor to cease performance of <br />the contract at any time during the 30 day notice period, in which case Contractor shall <br />discontinue any further charges to Region 4. <br /> <br />12) Licenses. Maintenance of licenses are addressed in the General Terms and Conditions set <br />forth by Region 4 ESC in the section titled “LICENSES AND PERMITS; PERFORMANCE”. <br />13) Survival Clause. Conditions of survival are addressed in the General Terms and Conditions <br />set forth by Region 4 ESC in the section titled “SURVIVAL”. <br /> <br /> <br />