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Article 10: Termination of Contract for Convenience <br />a) CAPCOG may terminate this Contract in whole or part for its convenience. CAPCOG <br />terminates this Contract for convenience by giving SUBCONTRACTOR at least 30 calendar <br />days notice of the termination, specifying the termination date, and describing the part or <br />parts terminated. <br />b) Upon receipt of the termination notice, SUBCONTRACTOR agrees to stop work on or <br />before the termination date, cancel all subcontracts and orders entered into under this <br />Contract, and settle all claims resulting from cancellation of the subcontracts and orders. If <br />CAPCOG terminates only part of the Contract, Contractor agrees to complete the un- <br />terminated part if CAPCOG so requests. <br />C) At CAPCOG's request, following termination of the Contract for convenience, <br />SUBCONTRACTOR agrees to transfer title and deliver to CAPCOG, at CAPCOG's <br />expense, all work produced in performing this Contract. SUBCONTRACTOR agrees to <br />preserve and protect the work until it is delivered to CAPCOG. <br />d) 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 <br />not submit the termination claim within 90 calendar days from the effective date of <br />termination, SUBCONTRACTOR's termination claim is barred. <br />e) If SUBCONTRACTOR's termination claim is timely submitted, complete, and correct, <br />CAPCOG agrees to pay SUBCONTRACTOR the following amounts in full settlement of <br />SUBCONTRACTOR's termination claim: (1) the reasonable cost of all work performed <br />through the date of termination; and (2) the reasonable cost of settling and paying claims <br />resulting from cancellation of subcontracts and orders. However, CAPCOG's total payment <br />under this 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 />work not terminated. <br />Article 11: Suspension or Termination of Contract for Unavailability of Funds <br />a) 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 <br />under Contract with CAPCOG. If TCEQ suspends or terminates its Contract with <br />CAPCOG, SUBCONTRACTOR agrees that CAPCOG may suspend its payment obligations <br />under or terminate this Contract in whole or part if CAPCOG learns that funds to pay for all <br />or part of the goods or services will not be available at the time of delivery or performance. <br />If CAPCOG suspends or terminates only part of this Contract for unavailability of funds, <br />SUBCONTRACTOR agrees to perform the unsuspended or unterminated part if CAPCOG <br />so requests. <br />b) 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 <br />funding unavailability, specifying the suspension or termination date, and describing the <br />part or parts suspended or terminated. CAPCOG agrees to promptly return to <br />CAPCOG FY2009 Solid Waste Interlocal Contract 29