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44. Termination for Convenience. This Contract may be terminated, in whole or in part by IHCDA which shall include and is not limited to the Indiana Department of Administration and the State Budget Agency whenever, for any reason, IHCDA, IDOA or the State Budget Agency determines that such termination is in its best interest. Termination of services shall be effected by delivery to the Contractor of a Termination Notice at least thirty (30) days prior to the termination effective date, specifying the extent to which performance of services under such termination may continue. The Contractor shall be compensated for services properly rendered prior to the effective date of termination. IHCDA will not be liable for services performed after the effective date of termination. The Contractor shall be compensated for services herein provided but in no case shall total payment made to the Contractor exceed the original contract price or shall any price increase be allowed on individual line items if canceled only in part prior to the original termination date. For the purposes of this paragraph, the parties stipulate and agree that the Indiana Department of Administration shall be deemed to be a 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, IHCDA may terminate this Contract in whole or in part if the Contractor fails to: 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. Make 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. IHCDA 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. {00033430-1} Page 15 of 29