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CONTRACT NO. H04049 /~ <br />15. Upon the entering of a judgment of bankruptcy or insolvency by or ~(~ <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 tietweeri 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 )lability pf any {<ind, including all claims and losses, <br />with the exception,of consequential damages, accruing or resulting to any other <br />person, firm; or corporation furnishing or sup~lying'work, services, materials, or <br />supplies in,corinection,wi#h 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 />attribiitabte to the negligence or intentionally tortuous acts of Elie 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 GRANTEEgbods fo the State. Ttie~ representation and warranty in the <br />preceding sentence shall survive the termination or expiration of this contract. <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 />4 of 5 <br />