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<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 <br />performed before it received notice of termination. However, CAPCO is not liable to <br />SUBCONTRACTOR for costs it paid or incurred under this Contract after or in anticipation <br />of its receipt of notice of termination. <br /> <br />Article 12: Termination for Breach of Contract <br /> <br />(a). If CAPCO or SUBCONTRACTOR breaches a material provision of this Contract, the other <br />may notify the breaching party describing the breach and demanding corrective action. The <br />breaching party has five business days from its receipt of the notice to correct the breach, or <br />to begin and continue with reasonable diligence and in good faith to correct the breach. If <br />the breach cannot be corrected within a reasonable time, despite the breaching party's <br />reasonable diligence and good faith effort to do so, either party may terminate the Contract <br />for breach by notifying the other party of the termination date, which may be no sooner <br />than 10 calendar days from the notice date, or either party may invoke the dispute <br />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 <br />this Contract after or in anticipation of its receipt of notice or 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 <br />compensation owed Contractor an amount necessary to satisfy CAPCO's claim. <br /> <br />Article 13: Severability <br /> <br />All parties agree that should any proVIsion of this Contract be determined to be invalid or <br />unenforceable, such determination shall not affect any other term of this Contract, which shall <br />continue in full force and effect. <br /> <br />Article 14: Data and Publicitv <br /> <br />All data and other information developed under this Contract shall be furnished to CAPCO and <br />shall be public data and information except to the extent that it is exempted from public access by <br />the Texas Open Records/Public Information Act, TEX. GOV'T CODE Chapter 552. Upon <br />termination of this Contract, all data and information shall become the joint property of CAPCO <br />and the SUBCONTRACTOR. <br /> <br />CAPCO FY2001 Solid Waste Inter/ocal Contract <br /> <br />31 <br />