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specified on a prorated basis for "york actually performed and invoiced in accordance \vith the terms of this Contract. (b). Default CAPCO may, by written notice of default to the SUBCONTRACTOR, terminate the whole or any part of the Contract in anyone of the following circumstances: 1. If the SUBCONTRACTOR fails to perform the services herein specified within the time specified herein or any extension thereof; or 2. If the SUBCONTRACTOR fails to perform any of the other provisions of this Contract, or so fails to make progress or so violates the Contract in a manner which significantly endangers substantial performance of the Contract or completion of the services herein specified within a reasonable time, and in either of these two instances does not cure such failure within a period of ten (IO) days (or such longer periods of time as may be authorized by CAPCO in writing) after receiving written notice by certified mail of default from CAPCO. In the event of such termination, all services of the SUBCONTRACTOR and its employees and subconsultants shall cease and the SUBCONTRACTOR shall prepare a final invoice reflecting the services actually performed pursuant to the Contract and to the satisfaction of the Executive Director of CAPCO or his designee which has not appeared on a prior invoice. CAPCO agrees to pay the SUBCONTRACTOR, in accordance with the terms of this Contract, for services actually performed and accruing to the benefit of CAPCO as reflected on said invoices, h~ss payment of any unearned compensation previously paid and less any costs or damages incurred by CAPCO as a result of such default, including an amount agreed to in writing by CAPCO and the SUBCONTRACTOR to be necessary to complete the services herein spec i fied, III addition to that which would have been reg uired had the SUBCONTRACTOR completed the services herein specified as required herein. Article 11 Severability All parties agree that should any provision of this Contract be determined to be invalid or unenforceable, such determination shall not affect any other term of this Contract, which shall continue in full force and effect. Article 12 Data and Publicity All data and other information developed under this Contract shall be furnished to CAPCO and shall be public data and information except to the extent that it is exempted from public access by the Texas Open Records/Public Information Act, Vernon's TEX. GOV'T CODE § 552. Upon termination of this Contract, all data and information shall become the joint property of CAPCO and the SUBCONTRACTOR. Capital Area Planning Council FY 1998 Solid Waste Contract 27 -