Common use of Erroneous Termination for Default Clause in Contracts

Erroneous Termination for Default. If, after notice of termination of the TPA's right to proceed under the provisions of this clause, it is determined for any reason that the Contract was not in default under the provisions of this clause, or that the delay was excusable under the provisions of this clause, or that the delay was excusable under the provisions of Paragraph D (Excuse for Nonperformance or Delayed Performance) of this clause, the rights and obligations of the parties shall, if the Contract contains a clause providing for termination for convenience of the State, be the same as if the notice of termination had been issued pursuant to a termination for convenience.

Erroneous Termination for Default. If, after notice of termination of the TPA's right to proceed under the provisions of this clause, it is determined for any reason that the Contract contract was not in default under the provisions of this clause, or that the delay was excusable under the provisions of this clause, or that the delay was excusable under the provisions of Paragraph D (4) (Excuse for Nonperformance or Delayed Performance) of this clause, the rights and obligations of the parties shall, if the Contract contract contains a clause providing for termination for convenience of the StateDFA, be the same as if the notice of termination had been issued pursuant to a termination for conveniencesuch clause.