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5.12. SPECIAL CONDITIONS. The City shall comply with all conditions as specified in the <br />final environmental finding of the Executive Administrator of the TWDB, including the <br />standard emergency discovery conditions for threatened and endangered species and <br />cultural resources. <br />ARTICLE VI. NON-PERFORMANCE AND REMEDIES <br />6.01. STOP WORK ORDERS. <br />A. Stop Work Order (SWO). The Executive Administrator may issue a written SWO to <br />the City at any time for failure to comply with any provision of this Agreement. The <br />SWO shall provide the City with notice of the facts supporting the determination to <br />issue the SWO. The SWO may require cessation of work immediately or at a definite <br />future date. The SWO shall provide the City with a specified time to cure. <br />B. City's Response. The City shall provide a written response to the SWO and shall <br />provide the Executive Administrator with a detailed plan to address and cure the <br />conditions causing the SWO. The City shall provide the response within five <br />business days from its receipt of the SWO. <br />C. Executive Administrator's Replti. The Executive Administrator may accept, reject or <br />amend the City's plan and shall provide notice of such action to the City within five <br />business days of receipt of the plan. The Executive Administrator may issue an <br />amended SWO that allows resumption of work contingent upon the City's execution <br />of the plan to cure. The Executive Administrator may modify the City's plan to cure <br />only in a manner consistent with the terms and conditions of this Agreement. <br />D. City's Option. The City shall notify the Executive Administrator within five business <br />days whether it accepts the amended plan. If the City does not accept the amended <br />plan, the Executive Administrator may terminate this Agreement. Upon successful <br />completion of the plan to cure the conditions causing the SWO, the City shall <br />continue work to complete all obligations under this Agreement. <br />6.02. TERMINATION. The TWDB may terminate this Agreement in writing at any time. <br />Upon receipt of a notice of termination, the City shall immediately discontinue all work in <br />connection with the performance of this Agreement and shall promptly cancel all existing <br />orders or other financial commitments chargeable to funding provided pursuant to this <br />Agreement, provided, however, that any costs for Eligible Expenses incurred prior to the <br />receipt of such written notice by the City shall be payable from the funding provided <br />pursuant to this Agreement. <br />Within thirty days of the notice of termination, the City shall submit a statement showing in <br />detail the work performed, all payments received by the City, and all payments made by or <br />due from the City to any contractor prior to the date of termination. <br />TWDB Commitment No. L1000600 <br />Page 9 of 14 <br />