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~ ¡rS-1A. disadvantaged because of their identification as members of certain groups, including Black Americans, Hispanic Americans, Asian Americans, or Native Americans, and have suffered the effects of discriminatory practices or similar insidious circumstances over which they have no control; and have a proportionate interest and demonstrate active participation in the control, operation, and management of the corporation's affairs; (b) A sole proprietorship created for the purpose of making a profit that is 100% owned, operated or controlled by such person (s ) described in (a); (c) A partnership formed for the purpose of making a profit 'in which 51% of the assets and interest in the partnership is owned by one or more persons who are described in (a) above and have a proportionate interest and demonstrate active participation in the control, operation, and management of the partnership's affairs; (d) A joint venture in which each entity in the joint venture is a historically underutilized business; or (e) A supplier contract between a HUB as defined in (a) above and a prime contractor under which the HUB is directly involved in the manufacture or distribution of the supplies or materials or otherwise warehouses and ships the supplies. ARTICLE 25. Termination If PERFORMING AGENCY fails to comply with RECEIVING AGENCY's reporting requirements, the program obj ecti ves, or the contract award conditions, RECEIVING AGENCY may withhold payments. RECEIVING AGENCY will provide advance written notice to PERFORMING AGENCY which will identify the deficiency and RECEIVING AGENCY's intent to withhold payments if the deficiency is not corrected' within a specific number of days. When the deficiency is corrected, RECEIVING AGENCY will release any withheld payments with no further action. If PERFO~~ING AGENCY fails to comply with the terms, conditions, or standards of this contract, RECEIVING AGENCY may terminate the contract Attachment(s) for non-compliance. This contract or any Attachment(s} hereto may be terminated by either of the parties hereto for noncompliance by the other party. A party intending to terminate for noncompliance by the other party will provide written notice to the other party at least thirty (30) days prior to the intended date of termination. Such notice will include the reasons for the termination. By such termination, neither party may nullify obligations already incurred for performance or failure to perform prior to the date of termination. Such termination will not be an exclusive remedy but will be in addition to any other rights and remedies provided by law or under this contract. This contract or any Attachment(s) hereto may be terminated in whole, or in part, when both parties agree that continuation would not produce results commensurate with further expenditure of funds. Both parties will agree on the effective date and, in the case of partial termination, the portion to be terminated. RECEIVING AGENCY will immediately send PERFORMING AGENCY written notice of the terms agreed to and such notice will become a part of the contract. PERFORMING AGENCY will not incur new obligations for the terminated portion after the effective date of termination and will cancel as many outstanding obligations as possible. RECEIVING AGENCY will allow full credit to PERFORMING AGENCY for noncancelable obligations which were properly incurred prior to the termination date. This contract or any Attachment(s) hereto may be terminated if funds allocated for any Attachment(s) hereto should become reduced, depleted, or unavailable during any Attachment(s} budget period, and RECEIVING AGENCY is unable to obtain additional funds for such purposes. RECEIVING AGENCY will immediately provide written notification to PERFORMING AGENCY of such fact and such Attachment(s) to this contract is/are terminated upon receipt of that notification. PERFORMING (Independent) 1996 GENERAL PROVISIONS - Page 11 (5/95)