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Contract No. ML12014 <br />5. REPORTING - CONTRACTOR shall submit reports to AQMD as outlined in Attachment 1 - Statement of <br />Work. AQMD reserves the right to review, comment, and request changes to any report produced as a <br />result of this Contract. <br />6, TERM - The term of this Contract is eighty one (81) months from the date of execution by both parties, <br />unless terminated earlier as provided for in Clause 7 below entitled Termination, extended by amendment of <br />this Contract in writing, or unless all work is completed and a final report is submitted and approved by <br />AQMD prior to the termination date, No work shall commence prior to the Contract start date, except at <br />CONTRACTOR'S cost and risk, and no charges are authorized until this Contract is fully executed. Upon <br />written request and with adequate justification from CONTRACTOR, the MSRC Contracts Administrator may <br />extend the Contract up to an additional twelve months at no additional cost. Term extensions greater than <br />twelve months must be reviewed and approved by the MSRC. <br />7. TERMINATION <br />A, In the event any party fails to comply with any term or condition of this Contract, or fails to provide <br />services in the manner agreed upon by the parties, including, but not limited to, the requirements of <br />Attachment 1 - Statement of Work, this failure shall constitute a breach of this Contract. The non- <br />breaching party shall notify the breaching party that it must cure this breach or provide written <br />notification of its intention to terminate this contract, Notification shall be provided in the manner set <br />forth in Clause 16. The non-breaching party reserves all rights under law and equity to enforce this <br />contract and recover damages. <br />B. AQMD reserves the right to terminate this Contract, in whole or in part, without cause, upon thirty (30) <br />days' written notice. Once such notice has been given, CONTRACTOR shall, except as and to the <br />extent or directed otherwise by AQMD, discontinue any Work being performed under this Contract and <br />cancel any of CONTRACTOR's orders for materials, facilities, and supplies in connection with such <br />Work, and shall use its best efforts to procure termination of existing subcontracts upon terms <br />satisfactory to AQMD. Thereafter, CONTRACTOR shall perform only such services as may be <br />necessary to preserve and protect any Work already in progress and to dispose of any property as <br />requested by AQMD. <br />0. CONTRACTOR shall be paid in accordance with this Contract for all Work performed before the <br />effective date of termination under Clause 7.B. Before expiration of the thirty (30) days' written notice, <br />CONTRACTOR shall promptly deliver to AQMD all copies of documents and other information and data <br />prepared or developed by CONTRACTOR under this Contract with the exception of a record copy of <br />such materials, which may be retained by CONTRACTOR. <br />8, EARLY TERMINATION - This Contract may be terminated early due to any of the following circumstances. <br />A. The vehicles or equipment become inoperable through mechanical failure of components or systems <br />directly related to the alternative fuel technology being utilized and such failure is not caused by <br />CONTRACTOR'S negligence, misuse, or malfeasance. <br />B. The fueling station becomes inoperable, and is either not technically able to be repaired, or is too costly <br />to repair, and such failure is not caused by CONTRACTOR's negligence, misuse, or malfeasance. <br />9. INSURANCE - CONTRACTOR represents that it is permissibly self-insured and will maintain such self- <br />insurance in accordance with applicable provisions of California law throughout the term of this Contract. <br />CONTRACTOR shall provide evidence of sufficient coverage during the term of this Contract and any <br /> <br />55B-7