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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.
O. 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.
P. 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.
Q. Breach of Contract:
Successful Offeror shall be deemed in breach of this contract if the Successful Offeror:
Fails to comply with any terms of this contract;
Fails to cure such noncompliance within ten (10) calendar days from the date of the NNPS written notice or
such other time frame, greater than ten (10) calendar days, specified by the NNPS Contract Administrator in
the notice.
Fails to submit a written response to NNPS’s notification of noncompliance within ten (10) calendar days
after the date of the NNPS notice.
All notices under this contract shall be submitted, either by fax or certified mail, return-receipt requested, to
the respective contract administrator. Successful Offeror shall not be in breach of this contract as long as its
default was due to causes beyond the reasonable control of and occurred without any fault or negligence on
the part of both the Successful Offeror and its subcontractors. Such causes may include, but are not
restricted to, acts of God or of the public enemy, acts of NNPS in its sovereign capacity, fires, floods,
epidemics, strikes, freight embargoes, and unusually severe catastrophic weather such as hurricanes.
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