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<br />available at the time of delivery or performance. If CAPCO suspends or terminates only part of <br />this Contract for unavailability of funds, SUBCONTRACTOR agrees to perform the unsuspended <br />or unterminated part if CAPCO so requests. <br /> <br />b) CAPCO suspends or terminates this Contract for unavailability of funds by gIvmg <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. CAPCO agrees to promptly return to SUBCONTRACTOR at <br />CAPCO's expense any goods Contractor shipped to CAPCO before receiving notice of <br />suspension or termination. <br /> <br />c) 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 performed <br />before it received notice of termination. However, CAPCO is not liable to SUBCONTRACTOR <br />for costs it paid or incurred under this Contract after or in anticipation of its receipt of notice of <br />termination. <br /> <br />Article 12: <br /> <br />Termination for Breach of Contract <br /> <br />(a). If CAPCO or SUBCONTRACTOR breaches a material provision of this Contract, the other may <br />notify the breaching party describing the breach and demanding corrective action. The breaching <br />party has five business days from its receipt of the notice to correct the breach, or to begin and <br />continue with reasonable diligence and in good faith to correct the breach. If the breach cannot <br />be corrected within a reasonable time, despite the breaching party's reasonable diligence and good <br />faith effort to do so, either party may terminate the Contract for breach by notifying the other <br />party of the termination date, which may be no sooner than 10 calendar days from the notice date, <br />or either party may invoke the dispute resolution process of Article 18. <br /> <br />(b). If this Contract is terminated for breach under Subsection (a), Contractor is entitled to <br />compensation for services it performed and goods it provided before it received notice of <br />termination. However, CAPCO is not liable to Contractor for costs it paid or incurred under this <br />Contract after or in anticipation of its receipt of notice of termination. <br /> <br />(c). Termination for breach under Subsection (a) does not waive CAPCO's claim for damages <br />resulting from the breach, and CAPCO among other remedies may withhold from compensation <br />owed Contractor an amount necessary to satisfy CAPCO's claim. <br /> <br />Article 13: <br /> <br />Severability <br /> <br />All parties agree that should any provision of this Contract be determined to be invalid or unenforceable, <br />such determination shall not affect any other term of this Contract, which shall continue in full force and <br />effect. <br /> <br />Article 14: <br /> <br />Data and Publicitv <br /> <br />All data and other information developed under this Contract shall be furnished to CAPCO and shall be <br />public data and information except to the extent that it is exempted from public access by the Texas Open <br />RecordslPublic Information Act, TEX. GOV'T CODE Chapter 552. Upon termination of this Contract, <br />all data and information shall become the joint property of CAPCO and the SUBCONTRACTOR. <br /> <br />CAPCO FY2003 Solid Waste Interlocal Contract <br /> <br />29 <br />