Agenda - 09-15-2009 - 4j - Laserfiche WebLink

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5 Section VIII. Project Records. The Grantee agrees to maintain full, accurate and verifiable fmancial records, supporting documents, and all other pertinent data for this Project in such a manner so as to identify and document clearly the expenditure of ASAP funds provided under the Agreement separate from accounts for other awards, monetary contribution or other revenues sources for this Project. The Grantee shall retain all financial records, supporting documents and all other pertinent records related to the Project for a period of five (5) years from the Termination Date. In the event such records are audited, all Project records shall be retained beyond such five-year period until any and all audit findings have been resolved. The Grantee agrees to make available to ASAP or its designated representative all of its records which relate to the Project and agrees to allow ASAP or its representative to audit, examine and copy any and all data, documents, proceedings, records and notes of activities relating in any way to the Project. Access to these records shall be allowed upon request at any time during normal business hours and as often as ASAP or its representative may deem necessary. In the event the Grantee dissolves or otherwise goes out of existence before the Termination Date or before five years from the Termination Date has elapsed, records produced under this contract will be turned over to ASAP. Section IX. Subcontracting. The Grantee shall not subcontract any of the work contemplated under this contract without obtaining prior written approval from ASAP. Any approved subcontract shall be subject to all terms and conditions of this Agreement and the Grantee shall not be relieved of any of the duties and responsibilities of this Agreement by the approved subcontract. The Grantee shall be responsible for the performance of any subcontractor and the subcontractor shall provide sufficient information to the Grantee to allow the Grantee to comply with all terms and conditions of this Agreement. Section XI. Termination & Availability of Funds Either Party shall have the ability to terminate this Agreement on thirty days' written notice. If after notice and reasonable opportunity to cure a defect or problem, the Grantee fails for any reason to fulfill in proper manner its obligations under this Agreement, or violates any of the material terms or conditions of this Agreement, ASAP shall have the right to terminate this Agreement by giving fourteen (14) days written notice to the Grantee of such termination. In such event, ASAP shall have no responsibility to make additional payments under this Agreement after the Termination Date. No further expenditures shall be made under this Agreement upon notice of termination except for such- work as shall have already been performed prior to the notice of Termination Date. ASAP's obligation to pay any amounts under this Agreement is contingent upon the availability of funds to it to fund the Project. In the event that funds for this Project become unavailable, ASAP may terminate this Agreement immediately upon facsimile notice to the Grantee. In the event of notice of the unavailability of funds, all obligations of ASAP to make payments under this Agreement shall cease as of the date of the notice of termination for unavailability of funds except for such work as shall have already been performed prior to the date of the notice of termination for unavailability of funds. Section XII. Liabilities and Loss ASAP assumes no liability with respect to accidents, bodily injury, illness, breach of contract or any other damages, claims or losses arising out of any activities undertaken by the Grantee under this Agreement, with respect to persons or property of the Grantee or third parties. 3 Grant Agreement between Appalachian Sustainable Agriculture Project and Orange County Cooperative Extension