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PART II (of 3 Parts) Terms and Conditions Governing Contracts between a Grantee and Contractor for Professional or Technical Services In addition to any conditions specified in Part I, this Contract is subject to all of the conditions listed below. Waiver of any of these conditions must be upon the express written approval of an authorized representative of the Department of Commerce and such waiver shall be made a part of this Contract. 1. Termination of Contract. If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligation under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this Contract, or if the transfer under which this Contract is made is terminated by the Department of Health-and Human · Services(HHS) or the Legislature, the Grantee shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specify'i~g the effective date thereof. If the Contractor is unable or unwilling to comply with such additional conditions as may be lawfully imposed by HHS on the contract under which the Grantee is performing the progrem to which these professional services are being rendered, the Contractor shall have the right to terminate the Contract by giving written notice to the Grantee, signifying the effective date thereof. In the event of the termination all property and finished or unfinished documents, data, studies, and reports purchased or prepared by the Contractor under this Contract. shall, at the option of the Grantee, become its property and the Contractor shall be entitled to compensation for any unreimbursed expenses necessarily .incurred....Jn..~satisfactory performance, of the-Contract. ...... Notwithstand!ng the above, the Contrac-tor 'shalt-"not- be-~ relieved'0~f 'llabiii~y tC~ "~"~a'n~e'e for-damages sustained bY the Grantee by virtue of any breach of Contracts executed under this proqram by the Contractor, and the Grantee may withhold any reimbursement to the Contractor for the purpose of set-off a¢lainst this and/or prior contracts executed under this rop_y_~g_~ until such time as the exact amount of damages due the Grantee from the Contractor is agreed upon or otherwise determined. 2. Changes. The Grantee may, from time to time, request changes in the scope of the services of the Contractor to be performed thereunder. Such changes, including any increase or decrease in the amount of the Contractor's compensation, which are mutually agreed upon by and between the Grantee and the Contractor, must be incorporated in written amendments to this Contract. 3. Tr.avel. Expenses. If the Contractor is to be reimbursed for travel expenses, and {1) if the Contractor is a public agency, expenses charged for travel shall not exceed those allowable under the customary practice in the government of which the agency is a part; or {2) if the Contractor is a private agency, expenses charged for travel shall not exceed those which would be allowed under the rules of the United States Government governing official travel by its employees. In any event, per diem other than mileage, for activities within a 50 mile radius of the Contractor is not allowable unless prior written approval is received from the Grantee. 4. Publication .a. nd Publicity. The Contractor may publish results of its function and participation in the approved State Plan without prior review by the Grantee, provided that all