f. Contract approval
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f. Contract approval
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Termination: <br />Ix. <br />a. This contract may be terminated by mutual consent of both parties, or by either party, upon <br />30 days notice in writing and delivered by certified mail or in person. <br />b. In addition, NDDOT may terminate this contract effective upon delivery of written notice to the <br />contractor, or at such later date as may be established by NDDOT, under any of the .following <br />conditions: <br />i. NDDOT funding from federal, state, or other sources is not obtained and continued at <br />levels sufficient to allow for purchase of the indicated quantity of services. The contract <br />may be modified unilaterally to accommodate a reduction in funds. <br />ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such <br />a way that the services are no longer allowable or appropriate for purchase under this <br />contract or are no longer eligible for the funding proposed for payments authorized by <br />this contract. <br />iii. If any license or certificate required by law or regulation to be held by the contractor to <br />provide the services required by the contract is for any reason denied, revoked, or not <br />renewed. <br />Any such termination of this contract under (i), (ii), or (iii), above, shall be without <br />prejudice to any obligations or liabilities of either party already accrued prior to such <br />termination. <br />c. ND NDDOT, by written notice to the contractor, may terminate the whole or any part of this <br />agreement: <br />If the contractor fails to provide services called for by this contract within the time <br />specified herein or any extension thereof; or <br />ii. If the contractor fails to perform any of the other provisions of this contract, or so fails to <br />pursue the work as to endanger performance of this contract in accordance with its <br />terms, and after receipt of written notice from NDDOT, fails to correct such failures within <br />ten days or such longer period as NDDOT may authorize. <br />X. <br />The Contractor shall not enter into any subcontracts without prior written approval of NDDOT. <br />XI. <br />NDDOT requires contracts executed with counties, cities, other state agencies, and Indian tribes to <br />comply with OMB Cir. A-133. <br />XII. <br />This agreement constitutes the entire agreement between the parties. No waiver, consent, <br />modification, or change of terms of this agreement shall bind either party unless in writing and signed <br />by both parties. Such waiver, consent, modification, or change, if made, shall be effective only in the <br />specific instance and for the specific purpose given. There are no understandings, agreements, or <br />representations, oral or written, not specified herein regarding this agreement. The Contractor, by the <br />Page 3 of 5 <br />16870 (Div. d9) <br />
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