AG 1999 06 21 - Laserfiche WebLink

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PART II (of3 Pa~s) Terms end Conditions Governing Contracts between a Subgrantee and Subcontractor for ProfessionaJ or Technical Se,wices addition to any conditions specified in Part I, this Contract is subject to all cf the ccndiiicns listed be!ow. Waiver of any of these conditions must "'* ~,= upon ;he express wri~en approval of an authorized representative of the Depa~ment of Commerce and such waiver shall be made a part this Contract. 1. Termination o~,Contract. If, through any cause, the Subcontractor shaJl fail to fulfill in a fime/y and proper manner his obligation under this contract, or if the Subcontractor shall violate an:/ of the covenants, agreements or stipulations of this Contract, or if the grant under which this Contract is made is terminated by DOC', the Subgrantee shall thereupon have the dght to terminate this contract by givfng written notice to the Subcontractor of such termination and specifying the effective date thereof. Jf the Subcontractor is unable or unwilling to comply with such additional conditions as may be lawfully imposed by DOE on the grant or contract under which the Subgrantee is pe~orming the program to which these professional services are being rendered, the Subcontractor shall have the right to terminate the Contract by giving written notice to the Subgrantee, signifying the effective date thereof. In the event of the termination ail prope.,ty and finished or unfinished documents, data, studies, and reports purchased or prepared by the Subcontractor under this Contract shaJl, at the option of the Subgrantee, become its property and the Subcontractor shall be entitled to compensation for any unreJmbursed expenses necessarily incurred in satisfactory performance of the Contract. Notwithstanding the above, the Subcontractor shall not be relieved of liability to the Subgrantee for damages sustained by the Subgrantee by virtue of any breach of Contracts executed under this grant program by the Subcontractor, and the Subgrantee may withhold any reimbursement to the Subcontractor for the purpose of set-off .against this and/or pr, lot_ contracts executed under., this grant program until such time as the exact amount of damages due the Subgrantee from the Subcontractor is agreed upon or otherwise determined. 2. Changes. The Subgrantee may, from time to time, request changes in the scope of the s~rvices of the Subcontractor to be performed hereunder. Such changes, including any increase or decrease in the amount of the Subcontractor's compensation, which are mutually agreed upon by and between the Subgrantee and the Subcontractor, must be incorporated in written amendments to this Contract. 3. 'Frsve! Exue,qses. If the Subcontractor is to be reimbursed for travel expenses, and (1) if the Subcontractor is a public agency, expenses charged for travel shall not exceed those aJlcwabJe under the customary practice in the government cf which the agency is a pa~; or (2) if the $cbcor::ractor is a orivaie agency, expenses charged for ~r,~,/el she//not exceed those which would :ze ailc',,¢ed ur, der the rules of the Un/ted States Government governing official travel by its em.cloyees. In any , ' e¢en,, per diem other than mileage, for activities within a 50 mile radius cf the Subcontractor is not allowable unless prior written approva is received from the Subgrantee.