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DocuSign Envelope ID: E1A0E30C-7C28-45F5-8C00-3FE5E3A80950 202401002 §4.09 Termination of Contract Due to Loss of Funding to Department. This contract may terminate in full or in part, at the discretion of the Department, in the event the Department suffers a loss of funding which permits it to fund the Recipient. In the event the Department suffers such a loss of funding, the Department will give the Recipient written notice which will set forth the effective date of full or partial termination or, if a change in funding is required, setting forth the change in funding and the changes in the approved budget. §4.10 Suspension or Termination of Contract for Material Breach. In the event of a material breach of the terms of this contract by the Recipient, the Department may take the following actions: (a) Suspend the contract, withhold further payments, and prohibit the Recipient from incurring additional obligations pending corrective action by the Recipient. (b) Terminate the contract, in whole or in part, at any time before Project completion. The Department will notify the Recipient in writing of the determination of, the reasons for, and the effective date of the termination. Payments made to the Recipient or recoveries by the Department will be in accord with the legal rights and liabilities of the parties. The Recipient will return to the Department all unencumbered funds. Any costs previously paid by the Department which are subsequently determined to be unallowable through audit and close-out procedures may be recovered from present Trust Funds or deducted from future awards to the Recipient, if any. §4.11 Force Majeure. Neither party shall be liable for any costs or damages resulting from its inability to perform any of its obligations under the contract due to a natural disaster or other similar event outside the control of and not the fault of the affected party ("Force Majeure Event"). A Force Majeure Event shall not constitute a breach of the contract. The party so affected shall immediately give notice to the other party of the Force Majeure Event. The Department may grant relief from performance of the contract if the Recipient is prevented from performance by a Force Majeure Event. The burden of proof for the need for such relief shall rest upon the Recipient. To obtain release based on a Force Majeure Event, the Recipient must file a written request for such relief with the Department. Labor disputes with the impacted party's own employees will not be considered a Force Majeure Event and will not suspend performance requirements under the contract. §4.12 Applicability to Subrecipients and Contractors; Other Requirements. All provisions of this contract will be made binding on any subrecipient or contractor of the Recipient, and the Recipient will, nonetheless, remain fully obligated under the provisions of this contract. Any such subrecipient or contractor of the Recipient must be authorized to transact business in the State of Nebraska. All subrecipients and contractors are expected to comply with all Nebraska Secretary of State and Department of Revenue registration requirements, including NAHTF 23-TFRH-34010—Page 13 of 18