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<br />Attachment D <br />Standard Provisions and Assurances <br /> <br />41.4. Ifthe ATCOG terminates the Agreement for a material failure to comply with the <br />Agreement terms under Section 41.2. or the A TCOG terminates the Agreement <br />for convenience under Section 41.3. an adjustment in the Agreement amount <br />shall be made in accordance with the Uniform Grant Management Standards. <br /> <br />41.5. Upon receipt of a termination action pursuant to Sections 41.2. or41.3. above, <br />the CONTRACTOR shall perform the actions set forth in this Section. <br /> <br />41.5.1. <br /> <br />Promptly discontinue all services affected (unless notice directs <br />otherwise). <br /> <br />41.5.2. <br /> <br />Deliver or otherwise make available to the A TCOG all data, <br />drawings, specifications, reports, estimates, summaries, and such <br />other information and materials as may have been accumulated by <br />the CONTRACTOR in performing this Agreement, whether <br />completed or in the process. <br /> <br />41.6. RESERVED <br /> <br />41.7. If, after termination for failure of the CONTRACTOR to fulfill contractual <br />obligation, it is determined that the CONTRACTOR had not so failed, the <br />termination shall be deemed to have been effected for the convenience of the <br />ATCOG. <br /> <br />41.8. If any delay or failure of performance is caused by a force majeure event as <br />described in the force majeure Article of this Agreement, the A TCOG may in its <br />sole discretion terminate this Agreement in whole or part pursuant to this Article. <br /> <br />42.0. FORCE MAJEURE <br /> <br />42.1. <br /> <br />A force majeure event shall be defined to include decrees of or restraints by a <br />governmental instrumentality, acts of God (except that rain, wind, flood or other <br />natural phenomena normally expected for the locality shall not be construed as <br />an act of God), work stoppages due to labor disputes or strikes, fires, explosions, <br />epidemics, riots, war, rebellion, and sabotage. <br /> <br />42.2. Provided this Agreement has not been terminated, and subject to the conditions <br />below, if a delay or failure of performance by either party results from the <br />occurrence of a force majeure event, the delay shall be excused and the time <br />fixed for the completion of the work extended by a period equivalent to the time <br />lost because of the event if, and to the extent as set forth in this Section. <br /> <br />57 <br />