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the benefit of creditors; If it is subsequently found that the Bank was not <br /> in breach, the rights and obligations of the parties shall be the same as if a <br /> Notice of Termination had been issued pursuant to subsection 18.1. <br /> The Agency Contract Administrator shall issue a written notice of breach <br /> providing a period not to exceed 30 days in which the Bank shall have an <br /> opportunity to cure. Time allowed for cure shall not diminish or eliminate <br /> the Bank's liability for damages. <br /> If the breach remains after the Bank has been provided the opportunity to <br /> cure,the Agency may do one or more of the following: <br /> 18.3.1 Exercise any remedy provided by law; <br /> 18.3.2 Terminate this Agreement and any related contracts or portions <br /> thereof,by written or verbal notice; <br /> 18.3.3 Seek damages. <br /> 18.4 Termination•by Mutual Agreement. The Agency and the Bank may <br /> terminate this Agreement in whole or in part, at any time, by mutual <br /> agreement. <br /> 18.5 Termination Procedure. Upon termination of this Agreement, the <br /> Agency, in addition to any other rights provided in this Agreement, may <br /> require the Bank to deliver to the Agency any property specifically <br /> produced or acquired for the performance of such part of this Agreement <br /> as has been terminated. <br /> The Agency shall pay to the Bank the agreed upon price, if separately <br /> stated, for completed work and services accepted by the Agency, and the <br /> amount agreed upon by the Bank for (a)completed work and services for <br /> which no separate price is stated, (b)partially completed work and <br /> services, (c)other property or services which are accepted by the Agency, <br /> and (d)the protection and preservation of property, unless the termination <br /> is for default, in which case the Agency shall determine the extent of the <br /> liability of the Agency. Failure to agree with such determination shall be a <br /> dispute within the meaning of Section 28, "Disputes" of this Agreement. <br /> The Agency may withhold from any amounts due to the Bank such sum as <br /> the Agency determines to be necessary to protect the Agency against <br /> potential loss or liability. <br /> The rights and remedies of the Agency provided in this clause shall not be <br /> exclusive and are in addition to any other rights and remedies provided by <br /> law or under this Agreement. <br /> Statewide Custody Provider Program <br /> Agreement for Custody Services 8 <br />