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accepted, or services performed in accordance with the manner of performance set forth in the <br />contract. <br />The Owner in its sole discretion may, in the case of a termination for breach or default, allow the <br />Contractor [an appropriately short period of time] in which to cure the defect. In such case, the <br />notice of termination will state the time period in which cure is permitted and other appropriate <br />conditions. <br />If the Contractor fails to remedy to Owner's satisfaction the breach or default of any of the terms, <br />covenants, or conditions of this Contract within [ten (10) days] after receipt by Contractor of <br />written notice from Owner setting forth the nature of said breach or default, The Owner shall <br />have the right to terminate the Contract without any further obligation to Contractor. Any such <br />termination for default shall not in any way operate to preclude Owner from also pursuing all <br />available remedies against Contractor and its sureties for said breach or default. <br />If this contract is terminated while the Contractor has possession of Recipient goods, the <br />Contractor shall, upon direction of the Owner, protect and preserve the goods until surrendered <br />to the Recipient or its agent. The Contractor and Owner shall agree on payment for the <br />preservation and protection of goods. f=ailure to agree on an amount will be resolved under the <br />Dispute clause. <br />If it is later determined by the Owner that the Contractor had an excusable reason for not <br />performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the <br />control of the Contractor, the Owner, after setting up a new delivery of performance schedule, <br />may allow the Contractor to continue work, or treat the termination as a termination for <br />convenience. <br />20. Resolution of Disputes <br />Disputes - Disputes arising in the performance of this Contract which are not resolved by <br />agreement of the parties shall be decided in writing by the authorized representative of the <br />Owner. This decision shall be final and conclusive unless within ten (10) days from the date of <br />receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the authorized <br />representative of the Owner. In connection with any such appeal, the Contractor shall be <br />afforded an opportunity to be heard and to offer evidence in support of its position. The decision <br />of the authorized representative of the Owner shall be binding upon the Contractor and the <br />Contractor shall abide be the decision. <br />Performance During Dispute - Unless otherwise directed by the Owner, the Contractor shall <br />continue performance under this Contract while matters in dispute are being resolved. <br />Claims for Damages - Should either party to the Contract suffer injury or damage to person or <br />property because of any act or omission of the party or of any of his employees, agents or <br />others for whose acts he is legally liable, a claim for damages therefor shall be made in writing <br />to such other party within a reasonable time after the first observance of such injury of damage. <br />Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes and <br />other matters in question between the Owner and the Contractor arising out of or relating to this <br />agreement or its breach will be decided by arbitration if the parties mutually agree, or in a court <br />of competent jurisdiction within the State in which the Owner is located. <br />35 <br />Attachment number 1 <br />F -4 Page 80 <br />