Termination of Obligated Measures
(1)The Department may, by written notice of default to the institution, terminate any obligations created in accordance with OAR 330-068-0025 (Obligated Measures) of this agreement as they pertain to any measure if such measure is not completed within the time specified therein, or by the time specified in an extension of time for an obligated measure or measures in accordance with 330-068-0065 (Extension of Time for Obligated Measures).
(2)In the event the Department terminates any obligations created in accordance with OAR 330-068-0025 (Obligated Measures) as provided in section (1) of this rule, the Department may contract for the completion of such measure upon such terms and in such manner as the Department may deem appropriate, services similar to those so terminated, and the institution shall be liable to the Department for any excess costs incurred by the Department as a result of contracting for completion of such measure or measures.
(3)Unless the services to be furnished by the installer or the institution were obtainable from other sources in sufficient time to permit the institution to meet the required delivery schedule, the institution shall not be liable for any excess costs under section (2) of this rule if the failure to perform in accordance with these rules arises out of causes beyond the control and without the fault or negligence of the Department, institution, or installer. Such causes may include, but are not restricted to, acts of God or of the public enemy, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather; but in every case the failure to perform must be beyond the control and without the fault or negligence of the Department, institution, or installer.
(4)The Department may withhold from amounts otherwise due the institution for such completed services such sum as the Department determines to be necessary to protect the Department against loss.
(5)The rights and remedies of the Department provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law.
Rule 330-068-0070 — Termination of Obligated Measures,