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1 5 <br /> The funding board and RCO rely on the Sponsor's aepreseion in ntation, error or iits tlaccuracy in any part eterminations as to log the for, <br /> selection for, and scope of,funding gran Any <br /> application may be deemed a breach of this Agreement. <br /> SECTION 40. SPECIFIC PERFORMANCE <br /> specific <br /> The funding board and RCO may enforcels s described i ment by the remedy thisAgreementfand/or enforfcoement of long-term <br /> usually will mean completion of the project as <br /> obligations. However,the remedy of specificdperformance or RCO shalnot be the sole or l)be deemed exclusive.The funding board or <br /> to RCO. No remedy available to the funding <br /> RCO may elect to exercise any, a combination of, or all of the remedies available to it under this Agreement, <br /> or under any provision of law, common w, or <br /> equity, <br /> including but not limited to seeking full or partial <br /> repayment of the grant amount paid and 9 <br /> es. <br /> SECTION 41. TERMINATION AND SUSPENSION <br /> l the terms of this Agreement <br /> The funding board and RCO will require strict compliancehea ableby he tatptes,or ru e'shanld all funding board and RCO <br /> including, but not limited to,the requirements of applicable bythe <br /> policies, and with the representations of the Sponsor in its application fora'hrant s finally approved200.340. <br /> funding board. For federal awards, notification of termination will comply\ <br /> A. For Cause. <br /> 1. The funding board or the director may suspend or terminate the obligation to provide funding <br /> to the Sponsor under this Agreement: <br /> a. If the Sponsor breaches any of the Sponsor's obligations under this Agreement; <br /> b. If the Sponsor fails to make progress satisfactory to the funding board or director <br /> toward completion of the project by the completion date set out in this Agreement. <br /> Included in progress is adherence to milestones and other defined deadlines; or <br /> c. If the primary and secondary Sponsor(s)cannot mutually agree on the process and <br /> actions needed to implement the project; <br /> 2. Prior to termination,the RCO or the funding board shall notify the Sponsor in writing of the <br /> opportunity to cure. If corrective action is not taken within 30 days or such other time period <br /> . In the <br /> that the director or board apphoves in all be liable'ngfor damages or other, <br /> herare of y beas a thorminateridzed by lawentt <br /> of termination,the Sponsor <br /> and/or this Agreement. <br /> 3. RCO reserves the right to suspend all or part of the Agreement,withhold further payments, or <br /> prohibit the Sponsor from incurring additional obligations of funds during the investigation of <br /> any alleged breach and pending corrective action by the Sponsor, or a decision by the RCO to <br /> terminate the Contract. <br /> may, by ten <br /> days <br /> B. For Convenience. Except as <br /> seconse provided in d day after thehismailing,Agreement, <br /> e e urinate tOhis Agreement,)o)whole or in <br /> written notice, beginning on <br /> part when it is in the best interest of the state. If this Agreement is so terminated, RCO shall be liable <br /> only for payment required under the terms of this Agreement prior to the effective date of termination. <br /> A claimed termination for cause shall be deemed to be a "Termination for Convenience"if it is <br /> determined that: <br /> 1. The Sponsor was not in default; or <br /> 2. Failure to perform was outside Sponsor's.control,fault or negligence. <br /> 107 <br /> o�„o Zd of 37 <br />