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CONTRACT NO. ~ H04049 //,~ <br />15. Upon the entering of a judgment of bankruptcy or insolvency by or I~ ~~ <br />against the GRANTEE, the DEPARTMENT may terminate this agreement for cause. <br />16. The GRANTEE shall not assign or transfer any interest in this <br />agreement. <br />17. No reports, maps or other documents produced in whole or in part <br />under this agreement shall be the subject of an application for copyright by or on <br />behalf of the GRANTEE. <br />18. The GRANTEE agrees that he shall be responsible for the proper <br />custody and care of any State owned property furnished for use in connection with the <br />performance of this contract and will reimburse the State for its loss or damage. <br />19. Ownership of equipment purchased under this contract rests with <br />the DEPARTMENT according to 40 CFR Section 31, or comparable regulations of the <br />sponsoring Agency. Such equipment may be retained by the GRANTEE for the time <br />the GRANTEE continues to provide services begun under this contract or with <br />approval from the DEPARTMENT be transferred to other DEPARTMENT contracts. <br />,20. This contract represents the entirety of the agreements and <br />covenants. between the DEPARTMENT and the GRANTEE .with. respect to_the subject <br />matter hereof and accordingly cannot be amended or modified ,except by written <br />instrument executed by the parties. hereto. <br />21 The GRANTEE shall hold and save the State, its.officers, agents, <br />and employees, harmless from~liability of any.kind, including-all claims and:losses, <br />with the excepfion.ofi consequential damages; accruing orjresult'ing to;any other <br />person; firm, or corporation furnishing or supplying work, services, materials, or <br />supplies in corinection.with the performance of, this contract, and from any and all <br />claims and losses accruing or resulting to any.~person, firm, or corporation that may. be <br />injured: or damaged by the GRANTEE ~in the, performance ~of this contract and that, are <br />attributable to the negligence or intentionally tortuous acts. of the GRANTEE provided <br />that the GRANTEE is notified in writing within~30 days that the State has knowledge of <br />such claims.. The GRANTEE represents and warrants;that it shall make.no claim of <br />any kind or~ nature against the,State`s agents who are involved in the delivery or <br />processing of GRANTEE~gbods to the State. Tfie~ representation and warranty in the <br />preceding sentence shall survive the termination,or expiration of this contract. <br />,: <br />::: <br />;: ;~22 The,DEPARTMENT does not waive its sovereign immunity by <br />entering into this contract and fully retains all immunities and defenses provided by <br />law with respect- to -any action based on this contract. . <br />23. The parties certify and warrant that no gratuities, kickbacks or <br />contingency fee(s) were paid in connection with this contract, nor were any fees, <br />commissions, gifts or other considerations made contingent upon the award of this <br />contract. <br />4of5 <br />