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party to this agreement with authority to terminate the same for convenience when such termination is determined by the Commissioner of IDOA to be in the best interests of IHCDA. 45. Termination for Default. A. With the provision of thirty (30) days' notice to the Contractor, RICDA may terminate this Contract in whole or in part if the Contractor fails to: I. Correct or cure any breach of this Contract; the time to correct or cure the breach may be extended beyond thirty (30) days if IHCDA determines progress is being made and the extension is agreed by the parties; 2. Deliver the supplies or perform the services within the time specified in this Contract or any extension; 3. Mahe progress so as to endanger performance of this Contract; or 4. Perform any of the other provisions of this Contract. B. If IHCDA terminates this Contract in whole or in part, it may acquire, under the terms and in the manner IHCDA considers appropriate, supplies or services similar to those terminated, and the Contractor will be liable to IHCDA for any excess costs for those supplies or services. However, the Contractor shall continue the work not terminated. C. XHCDA shall pay the contract price for completed supplies delivered and services accepted. The Contractor and IHCDA shall agree on the amount of payment for manufacturing materials delivered and accepted and for the protection and preservation of the property. Failure to agree will be a dispute under the Disputes clause. IHCDA may withhold from these amounts any sum IHCDA determines to be necessary to protect IHCDA against loss because of outstanding liens or claims of former lien holders. D. The rights and remedies of IHCDA in this clause are in addition to any other rights and .remedies provided by law or equity or under this Contract. E. This Contract may be suspended and/or terminated immediately if the Contractor has breached, defaulted, or committed fraud under this Contract or another contract between the Contractor and IHCDA. further, Contractor's breach or default of other agreements or obligations related to this Contract shall constitute a material breach of this Contract. 46. Travel. Intentionally omitted. 47. Indiana Veteran's Business Enterprise Compliance. Deleted; not applicable. 48. Waiver of Rights. No right conferred on either party under this Contract shall be deemed waived, and no breach of this Contract excused, unless such waiver is in writing and signed by the party claimed to have waived such right. Neither 1HCDA's review, approval or acceptance of, nor payment for, the services required under this Contract shall be construed to operate as a waiver of any rights under this Contract or of any cause of action arising out of the performance of this Contract, and the {00028595-1} Page 15 of 39