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<br />c) <br />At CAPCOG <br />SUBCONTRACTOR agrees to transfer title and deliver to CAPCOG, at CAPCOG <br />work produced in performing this Contract. SUBCONTRACTOR agrees to preserve and <br />protect the work until it is delivered to CAPCOG. <br /> <br />d) <br />SUBCONTRACTOR agrees to submit to CAPCOG a written termination claim itemizing and <br />documenting the amounts due because of termination of the Contract. If Contractor does not <br />submit the termination claim within 90 calendar days from the effective date of termination, <br />SUBCONTRACTOR's termination claim is barred. <br /> <br />e) <br />CAPCOG agrees to pay SUBCONTRACTOR the following amounts in full settlement of <br />the date of termination; and (2) the reasonable cost of settling and paying claims resulting from <br />cancellation of subcontracts and orders. However, CAPCOGtal payment under this <br />paragraph may not exceed the total Contract price, less amounts already paid <br />SUBCONTRACTOR under this Contract, any lawful offsets, and the Contract price for any <br /> <br />work not terminated. <br /> <br />Article 11: Suspension or Termination of Contract for Unavailability of Funds <br /> <br />a) <br />SUBCONTRACTOR acknowledges that CAPCOG is a governmental entity without taxing <br />power and that its only source for paying SUBCONTRACTOR under this Contract is the <br />Municipal Solid Waste Disposal and Transportation Revenue Fee administered by TCEQ under <br />Contract with CAPCOG. If TCEQ suspends or terminates its Contract with CAPCOG, <br />SUBCONTRACTOR agrees that CAPCOG may suspend its payment obligations under or <br />terminate this Contract in whole or part if CAPCOG learns that funds to pay for all or part of <br />the goods or services will not be available at the time of delivery or performance. If CAPCOG <br />suspends or terminates only part of this Contract for unavailability of funds, <br />SUBCONTRACTOR agrees to perform the unsuspended or unterminated part if CAPCOG so <br />requests. <br /> <br />b) <br />CAPCOG suspends or terminates this Contract for unavailability of funds by giving <br />SUBCONTRACTOR notice of the suspension or termination, as soon as it learns of the funding <br />unavailability, specifying the suspension or termination date, and describing the part or parts <br />suspended or terminated. CAPCOG agrees to promptly return to SUBCONTRACTOR at <br />CAPCOG's expense any goods Contractor shipped to CAPCOG before receiving notice of <br />suspension or termination. <br /> <br />c) <br />If this Contract is terminated for unavailability of funds under this Article 11, <br />SUBCONTRACTOR is entitled to compensation for goods it furnished and services it <br />performed before it received notice of termination. However, CAPCOG is not liable to <br />SUBCONTRACTOR for costs it paid or incurred under this Contract after or in anticipation of <br />its receipt of notice of termination. <br /> <br /> <br /> <br /> <br />CAPCOG FY2016 <br /> <br /> <br />ЋВ <br />Solid Waste Interlocal Contract <br /> <br /> <br />