NS Grant - Acceptance of State Recycling Grant for Glass Crusher

Browse Search

CONTRACT NO. H04049 event, all of the services required hereunder shall be completed by the 14m day ®f April, 2005. 10. If, through any cause, the GRANTEE shall fail to fulfill in a timely and proper manner the obligations under this agreement, the DEPARTMENT shalt thereupon have the right to terminate this contract by giving written notice to the GRANTEE of such termination and specifying the reason thereof and the effective date thereof. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports prepared by the GRANTEE shall, at the option of the DEPARTMENT, become its property, and the GRANTEE shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. The GRANTEE shall not be relieved of liability to the DEPARTMENT for damages sustained by the DEPARTMENT by virtue of any breach of .this agreement, and the. DEPARTMENT may withhold payment to the GRANTEE for the purpose of set off until such time as the exact amount of damages due the DEPARTMENT from such breach can be determined. 11. This contract may be terminated by either party upon thirty (30) days notice given in writing by one party to the other. If the contract is terminated, all finished or unfinished documents and. other materials shall, at the option: of the DEPARTMENT, become-its property. Termination of the contract by the GRANTEE shall not prohibit the DEPARTMENT from seeking remedy for additional costs consequential to the termination, which are incurred by the DEPARTMENT. If~the contract is terminated by the DEPARTMENT as provided herein, the GRANTEE will be paid m an amount which bears the same patio to the.total compensation as the services actually performed bear to the total sernces of~the GRANTEE covered by this agreement, for~costs of work performed by subcontractors for the GRANTEE provided that such subcontracts have -been :approved as provided herein; or for each full day of services performed where compensation is based on each full day of services'' performed, less payment of compensation previously made. The GRANTEE shall repay to the DEPARTMENT ariy compensation he has received which is in excess of the payment to'which he is entitled herein.` 12. The GRANTEE shall ensure that all publications produced as a result of this contract are printed double-sided on recycled paper. 13. The DEPARTMENT may,` from time to time, request changes in the scope of the services of the GRA(VT~~ to„be erf. ormed,under this agreement. Such changes, including any increase ~or decrease ~n the amount of the GRANTEE'S . , compensation, which are mutually agreed upon by'and between the GRANTEE -and the DEPARTMENT, shall be incorporated in written amendments to this contract: 14. Any information, data, instruments, documents studies or reports given to or prepared or assembled by the GRANTEE under this agreement shall be kept as confidential and not divulged or made available to any individual or organization without the prior written approval of the DEPARTMENT. 3of5