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<br />3. Contractor submits a budget reVISion report to ATCOG, on a form <br />specified by ATCOG, simultaneously with the submission of Contractor's first <br />Request for Reimbursement Form 270 following any such transfers made in <br />accordance with the Subsection D. <br /> <br />SECTION 17. SUSPENSION <br /> <br />Notwithstanding the provisions of Texas Civil Statutes Article 601f, in the event <br />Contractor fails to comply with any term of this contract, ATCOG may, upon written <br />notification to Contractor, suspend this contract in whole or in part and withhold <br />further payments to Contractor, and prohibit Contractor from incurring additional <br />obligations of funds under this contract. <br /> <br />SECTION 18. TERMINATION <br /> <br />A. ATCOG shall have the right to terminate this contract, in whole or in part, at <br />any time before the date of completion specified in Section 2 of this contract <br />whenever A TCOG determines that Contractor has failed to comply with any term of <br />this contract. A TCOG shall notify Contractor in writing prior to the thirtieth (30) day <br />preceding the date of termination of such determination; the reasons for such <br />termination; the effective date of such termination; and in the case of partial <br />termination, the portion of the contract to be terminated. <br /> <br />B. Either of the parties to this contract shall have the right to terminate this <br />contract, in whole or in part, when both parties agree that the continuation of the <br />activities funded under this contract would not produce beneficial results <br />commensurate with the further expenditure of funds; provided that both parties agree, <br />in writing, upon the termination conditions, including the effective date of such <br />termination; and in the case of partial termination, the portion of the contract to be <br />terminated. <br /> <br />C. Upon termination or receipt of notice to terminate, whichever occurs first, <br />Contractor shall cancel, withdraw, or otherwise terminate any outstanding orders or <br />subcontracts related to the performance of this contract or the part of this contract <br />to be terminated, and shall cease to incur costs thereunder. ATCOG shall not be liable <br />to Contractor or to Contractor's creditors for costs incurred after termination of this <br />contract. <br /> <br />D. Notwithstanding any exercise by ATCOG of its right of suspension under <br />Section 17 of this contract, or of early termination pursuant to this Section 18, <br />Contractor shall not be relieved of any liability to ATCOG for damages due to ATCOG <br />by virtue of any breach of this contract by Contractor. ATCOG may withhold <br />payment to Contractor until such time as the exact amount of damages due to <br />ATCOG from Contractor is agreed upon or is otherwise determined. <br /> <br />Page 9 <br />