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service deliverables provided by the Successful Offeror under this contract are damaged
and/or not of the quality specified by NNPS, such goods and/or service deliverables will
be rejected. Successful Offeror shall replace such rejected goods and/or service
deliverables immediately or within a reasonable time as determined by NNPS.
3. Successful Offeror shall remove all rejected materials, equipment or supplies from the
premises of NNPS within ten (10) days of notification. Rejected goods and/or service
deliverables not removed from NNPS’ premises within ten (10) days will be regarded as
abandoned, shall become the property of NNPS, and NNPS shall have the right to
dispose of such items.
4. NNPS reserves the right to authorize immediate purchase from other sources against
rejections.
5. Liability: Successful Offeror shall be liable to NNPS for all costs incurred by NNPS as
a result of Successful Offeror's failure to perform in accordance with the contract.
Successful Offeror's liability shall include, but not be limited to:
a. Damages and other delay costs, to include costs to procure goods/services from alternate
suppliers.
b. Increased costs of performance, such as extended overhead and increased
performance costs resulting from performance delays caused by Successful Offeror
and/or rejections of Successful Offeror’s goods and/or service deliverables.
c. Warranty and rework costs, liability to third party, excess costs, attorney’s fees
and related costs incurred by NNPS due to non-responsive performance of
Successful Offeror.
AA. Termination Without Cause:
NNPS may at any time, and for any reason, terminate this Contract by written notice to
Successful Offeror specifying the termination date, which shall be not less than thirty
(30) days from the date such notice is mailed. Notice shall be given to Successful Offeror
by certified mail/return receipt requested, addressed to the Successful Offeror’s Contract
Administrator. In the event of such termination, Successful Offeror shall be paid such
amount as shall compensate Successful Offeror for the work satisfactorily completed,
and accepted by NNPS, at the time of termination. If the event NNPS terminates this
Contract, Successful Offeror shall withdraw its personnel and equipment, cease
performance of any further work under this Contract, and turn over to NNPS any work
completed or in process for which payment has been made.
BB. Termination With Cause/Breach:
In the event that Successful Offeror shall for any reason or through any cause be in default
of the terms of this Contract, NNPS may give Successful Offeror written notice of such
default by certified mail/return receipt requested, addressed to the Successful Offeror’s
Contract Administrator. Unless otherwise provided, Successful Offeror shall have ten
(10) days from the date such notice is mailed in which to cure the default. Upon failure of
the Successful Offeror to cure the default, NNPS may immediately cancel and terminate
this Contract as of the mailing date of the default notice. Upon termination, Successful
Offeror shall withdraw its personnel and equipment, cease performance of any further
work under the Contract, and turn over to NNPS any work in process for which payment
has been made. In the event of violations of law, safety or health standards and
regulations, this Contract may be immediately cancelled and terminated by NNPS and
provisions herein with respect to opportunity to cure default shall not be applicable.
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