a) Recipient:

1. 1) any sale or disposition of the rail facility (track and materials) which is not approved in writing by the Department;
2. 2) failure to maintain the property at the level to which it was rehabilitated, improved or constructed, as provided in Section 800.330;
3. 3) failure to use the property for rail service, as provided in Section 800.330;
4. 4) filing of an application for abandonment under 49 U.S.C. 109 (1985) or Ill. Rev. Stat. 1985, ch. 95½, pars. 18C-1701 et seq. in the Interstate Commerce Commission or the Illinois Commerce Commission (92 Ill. Adm. Code 1520); and
5. 5) failure to comply with any portion of the contract involving the rights or obligations of the parties.

Material breach under the contract will occur in the following instances:

b) Department:

Material breach under the contract will occur when and if the Department fails to make any payment due to the recipient within a maximum of ninety days of receipt of a properly prepared invoice and any necessary documentation of work from the recipient.