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05/05/2005 04:34 9197150684 DENR PURCHASE/SVGS PAGE 04 <br />CONTRACT NO. H05D23 <br />materials. The GRANTEE shall not be relieved of liability to the DEPARTMENT for <br />damages sustained by the DEPARTMENT by virtue of any breach of this agreement, and <br />the DEPARTMENT may withhold payment to the GRANTEE for the purpose of set off until <br />such time as the exact amount of damages due the DEPARTMENT from such breach can <br />be determined. The foregoing shalt not be construed as a waiver of governmental immunity <br />by the GRANTEE. <br />11. This contract may be terminated by either party upon thirty (30) days <br />notice given in writing by one party to the other. If the contract is terminated, all finished or <br />unfinished documents and other materials shall, at the option of the DEPARTMENT, <br />become its property, Termination of the contract by the GRANTEE shall not prohibit the <br />DEPARTMENT from seeking remedy for additional costs consequential to the termination, <br />which are incurred by the DEPARTMENT, If the contract is terminated by the <br />DEPARTMENT as provided herein, the GRANTEE will be paid in an amount which bears <br />the same ratio to the total compensation as the services actually performed bear to the. total <br />services of the GRANTEE• covered by this agreement; for costs of work performed by <br />subcontractors for the GRANTEE provided that such subcontracts have been approved as <br />provided herein; or for each full day of services performed wher® compensation is based on <br />each full day of services performed, less payment of compensation previously made.. The <br />GRANTEE shall repay to the DEPARTMENT any compensation he has received -which is~ in <br />excess of the payment to which he is entitled herein. <br />12. The GRANTEE" shall ensure that all publications produced as a result <br />of this contract are printed double-sided on recycled paper. ' <br />13. The DEPARTMENT may, from time to time, request changes in the <br />scope of the services of the GRANTEE to be performed under this agreement. Such <br />changes, including any increase or decrease in the amount of the GRANTEE'S <br />compensation, which are mutually agreed upon by and between the GRANTEE and the <br />DEPARTMENT, shall be incorporated In written amendments to this contract. <br />14. Any information, data, instruments, documents studies or reports given <br />to or prepared or assembled by the GRANTEE under this agreement shall be kept as <br />confidential and not divulged or made available to any individual or organization without the <br />prior written approval of the DEPARTMENT. Any information, data, instruments, <br />documents, studies or reports given to or prepared by the GRANTEE under this agreement <br />and released under the NC Public Records Law shall also be provided to the <br />DEPARTMENT. <br />15. Upon the entering of a judgment of bankruptcy or insolvency by yr <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 behalf of <br />the GRANTEE, - <br />3 of 5 <br />