Res 2002-048 - Laserfiche WebLink

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c) At CAPCO's request, following termination c~ tr-.e Contract for convenience, SUBCONTRACTOR agrees to transfer title anc de,iver to C,APCO, at CAPCO's expense, all work produced in performing this COlit~ac~. SUBCONTRACTOR agrees to presei'Ve and protect the work until it is delivered to CAFCO. d) SUBCONTRACTOR aarees to submit to CAPCO a v..rinen termination claim itemizing and documenting the a~ounts due because of terri,ination of the Contract. If Contractor does not submit the termination claim within 90 calendar days from the effective date of terminaticn, SUBCONTRACTOR's termination claim is carred. e) If SUBCONTRACTOR's termination claim is timely submitted, complete, and correct, CAPCO agrees to pay SUBCONTRACTOR the foliowing amounts in full settlement of SUBCONTRACTOR's termination claim: (1) the reasonable cost of all work performed through the date of termination; and (2) the reasonable cost of settling and paying claims resultIng from cancellation of subcontracts and orders. However, CAPCO's total payment under this paragraph may not exceed the total Contract price, less amounts already paid SUBCONTRACTOR under this Ccntract, any lawful offsets, and the Contract price for any work not terminated. Article 11: Suspension or Termination of Contract for Unavailability of Funds a) SUBCONTRACTOR acknowledges that CAPCO is a governmental entity without taxing power and that its only source for paying SUBCONTRP.CTOR under this Contract is the Municipal Solid Waste Disposal and Transportation Revenue Fee administered by 'TNRCC under Contract with CAPCO. If TNRCC susperids or terminates its Contract with CAPCO, SUBCONTRACTOR agrees that CAFCO may suspend its payment obligations under or terminate this Contract in whole or part if CAPCO learns that Tunds to pay for all or part of the goods or services will net be available at the time of delivery or performance. If CAPCO suspends or termina:es only part of this Contract for unavailability of funds, SUBCONTRACTOR agrees to perform the unsuspendeo or unterminated part if CAPCO so requests. b) CAPCO suspends or terminates this Contract fer unavailability of funds by giving SUBCONTRACTOR notice or the suspension or termination, 8S soon as it learns of the funding unavailability, specifying the suspension or termination date, and describing the part or parts suspended or terminated. CAPCO agrees to promptly return to SUBCONTRACTOR at CA,PCO's expense any goods Contractor shipped to CAPCO before receiving notice cf suspension or termination. c) If this Contract is terminated for unavailabilitv of funds under this Article 11, SUBCONTMCTOR is entitled to compensation for goods it furnished and services it performed before it received notice of termination. Hc',vever, C,;.\PCO is not liable to SUBCONTRACTOR fer costs it paid or incurred under this Contract after or in anticipation of its receipt of notice of termination. ",-., '........,-, ....,-..-,.-.....-..,. ....,-. "-'- . - . '- C'? :~1" (~<?(