Common use of Termination for Cause and/or Breach Clause in Contracts

Termination for Cause and/or Breach. If Grantee fails to perform any of its obligations hereunder with such diligence as is required to ensure its completion in accordance with the provisions of this Grant and in a timely manner, the State may notify Grantee of such non-performance in accordance with the provisions herein. If Grantee thereafter fails to promptly cure such non-performance within the Cure Period, the State, at its option, may terminate this entire Grant or such part of this Grant as to which there has been delay or a failure to properly perform. Exercise by the State of this right shall not be deemed a breach of its obligations hereunder. Grantee shall continue performance of this Grant to the extent not terminated, if any. i. Obligations and Rights To the extent specified in any termination notice, Grantee shall not incur further obligations to the State or render further performance hereunder past the effective date of such notice. Grantee shall complete Work not cancelled by the termination notice and may incur obligations as are necessary to do so within this Grant's terms, and shall complete and deliver any outstanding Mid-Term and Final Reports. Upon termination, Grantee shall take timely, reasonable and necessary action to protect and preserve property in the possession of Grantee in which the State has an interest. All materials owned by the State in the possession of Grantee shall be immediately returned to the State. Notwithstanding the foregoing, Grantee may continue to perform tasks and activities as described herein, including through the use of Subcontractors; provided that (a) State shall have no obligation to reimburse Grantee (or its Subcontractors) for such if performed after the termination date, except as otherwise agreed to by the parties and (b) Grantee shall notify all Subcontractors that the Grant is terminated and the State will no longer be providing funding for the Work.

Termination for Cause and/or Breach. If Grantee fails to perform any of its obligations hereunder with such diligence as is required to ensure its completion in accordance with the provisions of this Grant and in a timely manner, the State may notify Grantee of such non-performance in accordance with the provisions herein. If Grantee thereafter fails to promptly cure such non-performance within the Cure Periodcure period, the State, at its option, may terminate this entire Grant or such part of this Grant as to which there has been delay or a failure to properly perform. Exercise by the State of this right shall not be deemed a breach of its obligations hereunder. Grantee shall continue performance of this Grant to the extent not terminated, if any. i. Obligations and Rights To the extent specified in any termination notice, Grantee shall not incur further obligations to the State or render further performance hereunder past the effective date of such notice, and shall terminate outstanding orders and subcontracts with third parties. However, Grantee shall complete Work and deliver to the State all Work, Services and Goods not cancelled by the termination notice and may incur obligations as are necessary to do so within this Grant’s terms. At the sole discretion of the State, Grantee shall assign to the State all of Grantee's termsright, title, and shall complete and deliver any outstanding Mid-Term and Final Reportsinterest under such terminated orders or subcontracts. Upon termination, Grantee shall take timely, reasonable and necessary action to protect and preserve property in the possession of Grantee in which the State has an interest. All materials owned by the State in the possession of Grantee shall be immediately returned to the State. Notwithstanding All Work Product, at the foregoingoption of the State, shall be delivered by Grantee may continue to perform tasks and activities as described herein, including through the use of Subcontractors; provided that (a) State shall have no obligation to reimburse Grantee (or its Subcontractors) for such if performed after the termination date, except as otherwise agreed to by the parties and (b) Grantee shall notify all Subcontractors that the Grant is terminated and the State will no longer be providing funding for and shall become the WorkState’s property.