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11 <br /> <br />thereof. In that event, all finished or unfinished deliverable items under this contract prepared by <br />the Contractor shall, at the option of the Office, become its property, and the Contractor shall be <br />entitled to receive just and equitable compensation for any satisfactory work completed on such <br />materials. Notwithstanding, the Contractor shall not be relieved of liability to the Office for <br />damages sustained by the Office by virtue of any breach of this agreement, and the Office may <br />withhold any payment due the Contractor for the purpose of setoff until such time as the exact <br />amount of damages due the Office from such breach can be determined. <br /> <br />In case of default by the Contractor, the State may procure the services from other sources and <br />hold the Contractor responsible for any excess cost occasioned thereby. The State reserves the <br />right to require performance bond or other acceptable akemative guarantees from successful <br />offeror without expense to the State. <br /> <br />The filing of a petition for bankruptcy by the Contractor shall be an act of default under this <br />Contract. <br /> <br />Neither party shall be deemed to be in default of its Obligations hereunder if and so long as it is <br />prevented from performing such obligations by any act of war, hostile foreign action, nuclear <br />explosion, riot, strikes, civil insurrection, earthquake, hurricane, tornado, or other catastrophic <br />natural event or act of God. <br /> <br />36. Termination: <br /> <br />The Office may terminate this agreement at any time by 30 days notice in writing from the Office <br />to the Contractor. In that event, all finished or unfinished deliverable items prepared by the <br />Contractor under this contract shall, at the option of the Office, become its property. If the <br />contract is terminated by the Office as provided herein, the Contractor shall be paid for services <br />satisfactorily completed, less payment or compensation previously made. <br /> <br />37. Waiver of Default: <br /> <br />Waiver by the Office of any default or breach in compliance with the terms of this contract by the <br />Provider shall not be deemed a waiver of any subsequent default or breach and shall not be <br />constrUed to be modification of the terms of this contract unless stated to be such in writing, <br />signed by an authorized representative of the Department and the Contractor and attached to the <br />contract. <br /> <br />38. Time of the Essence <br /> <br />Time is of the essence in the performance of this Contract. <br /> <br />39. Severability <br /> <br />In the event that a court of competent jurisdiction holds that a provision or requirement of this <br />Contract violates any applicable law, each such provision or requirement shall be enforced only <br />to the extent it is not in violation of law or is not otherwise unenforceable and all other provisions <br />and requirements of this Contract shall remain in full force and effect. <br /> <br />40. Federal Intellectual Property Bankruptcy Protection Act <br /> <br /> <br />