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e. The Grantee will notify the 911 Board Executive Director of any significant <br /> problems relating to the administrative or financial aspects of the award, such as <br /> misappropriation of funds; use of 911 Funds for non-eligible expenses; placement or <br /> retaining 911 funds in any account other than the Emergency System Telephone Fund. <br /> 20. Performance Measures. Grantee shall ensure that its contracts with third parties include <br /> performance measures that provide remedies ensuring protection of the Grant Funds, any <br /> matching funds or funds from other sources, and that secure completion of this Agreement <br /> consistent with the time and budget for the Project. Specific measures are within the discretion <br /> of Grantee, and shall consider including measures including one or more of the following: <br /> a. Requiring terminated vendors to provide costs of cover for replacement goods or <br /> services. <br /> b. Termination of vendor contracts for cause and vendor's forfeiture of rights to <br /> payment. <br /> C. Grantee's ownership, or free use, of all planning materials, estimates, drafts, <br /> plans, drawings and similar items or information produced by Grantee's vendors in the <br /> event of termination for any reason. <br /> d. Grantee's requirement that its vendors provide contract security for their <br /> performance, including but not limited to, bonds, letters of credit, escrows of funds or <br /> other assets, or like security. <br /> e. Terms and conditions of agreements allocating damages and setting forth <br /> limitations of liability as may be necessary or proper to ensure that any breaches or <br /> failures to perform by Grantee's vendors, as a minimum measure, <br /> f. Acceptance testing and warranties for any and all equipment, goods and services <br /> provided by Grantee's vendors of sufficient duration and measurement to ensure <br /> performance consistent with 911 center operations. <br /> 21. Subcontracting. Grantee shall not subcontract any of the work contemplated under this <br /> contract without obtaining prior written approval from the 911 Board. Any approved subcontract <br /> shall be subject to all conditions of this Agreement. Only the subgrantees specified in the <br /> Application are to be considered approved upon award of the contract. Grantee shall be <br /> responsible for the performance of any subgrantee; and shall require all subgrantees to comply <br /> with the provisions of the grant award, including this Agreement. Grantee shall be responsible <br /> for the performance of any subgrantee. <br /> a. Grantee shall ensure that any subgrantee provides all information necessary or <br /> proper to ensure compliance with this Agreement and the timely completion of the <br /> Proj ect. <br /> b. The Grantee shall provide all necessary personnel, equipment, and facilities <br /> required to implement the work as stated in the Grantee's grant application and <br /> subsequently approved project schedules, budgets and project scope identified herein, in <br /> accordance with the stated objectives, goals, results, standards, and deliverables. <br /> 22. Excusable Delay (Force Majeure). Neither party shall be liable for any failure or delay in <br /> performing any of its obligations under this Agreement that is due to causes beyond its <br /> reasonable control, such as, but not limited to, acts of God, earthquakes and other natural <br /> Page 9 of 17 <br />