|
PO # 471000916
<br />Routing # 16- HA4 -ZH -00165
<br />All insurance policies in any way related to this Grant and secured and maintained by Grantee or its
<br />Subgrantees as required herein shall include clauses stating that each carrier shall waive all rights of
<br />recovery, under subrogation or otherwise, against Grantee or the State, its agencies, institutions,
<br />organizations, officers, agents, employees, and volunteers.
<br />C. Certificates
<br />Grantee and all Subgrantees shall provide certificates showing insurance coverage required hereunder to
<br />the State within seven business days of the Effective Date of this Grant No later than 15 days pnor to the
<br />expiration date of any such coverage, Grantee and each Subgrantee shall deliver to the State or Grantee
<br />certificates of insurance evidencing renewals thereof In addition, upon request by the State at any other
<br />time during the term of this Grant or any subgrant, Grantee and each Subgrantee shall, within 10 days of
<br />such request, supply to the State evidence satisfactory to the State of compliance with the provisions of this
<br />§14.
<br />•
<br />15. DEFAULT - BREACH
<br />A. Defined
<br />In addition to any breaches specified in other sections of this Grant, the failure of either Party to perform
<br />any of its material obligations hereunder, in whole or in part or in a timely or satisfactory manner,
<br />constitutes a breach The institution of proceedings under any bankruptcy, insolvency, reorganization or
<br />similar law, by or against Grantee, or the appointment of a receiver or similar officer for Grantee or any of
<br />its property, which is not vacated or fully stayed within 20 days after the institution or occurrence thereof,
<br />shall also constitute a breach.
<br />B. Notice and Cure Period
<br />In the event of a breach, notice of such shall be given in writing by the aggrieved Party to the other Party in
<br />the manner provided in §17. If such breach is not cured within 30 days of receipt of written notice, or if a
<br />cure cannot be completed within 30 days, or if cure of the breach has not begun within 30 days and pursued
<br />with due diligence, the State may exercise any of the remedies set forth in §16 Notwithstanding anything
<br />to the contrary herem, the State, in its sole discretion, need not provide advance notice or a cure period and
<br />may immediately terminate this Grant in whole or in part if reasonably necessary to preserve public safety
<br />or to prevent immediate public crisis
<br />16. REMEDIES
<br />If Grantee is in breach under any provision of this Grant, the State shall have all of the remedies listed in this
<br />§16 in addition to all other remedies set forth in other sections of this Grant following the notice and cure period
<br />set forth in §15(B) provided however, that the State may terminate this Grant pursuant to §16(B) without a
<br />breach The State may exercise any or all of the remedies available to it, in its sole discretion, concurrently or
<br />consecutively
<br />A. Termination for Cause and /or Breach
<br />If Grantee fails to perform any of its obligations hereunder with such diligence as is required to ensure its
<br />completion in accordance with the provisions of this Grant and in a timely manner, the State may notify
<br />Grantee of such non - performance in accordance with the provisions herein. If Grantee thereafter fails to
<br />promptly cure such non - performance within the cure penod, the State, at its option, may terminate this
<br />entire Grant or such part of this Grant as to which there has been delay or a failure to properly perform
<br />Exercise by the State of this right shall not be deemed a breach of its obligations hereunder. Grantee shall
<br />continue performance of this Grant to the extent not terminated, if any.
<br />i. Obligations and Rights
<br />To the extent specified in any termination notice, Grantee shall not incur further obligations or render
<br />further performance hereunder past the effective date of such notice, and shall terminate outstanding
<br />orders and subcontracts with third parties. However, Grantee shall complete and deliver to the State all
<br />Work, Services and Goods not cancelled by the termination notice and may incur obligations as are
<br />necessary to do so within this Grant's terms. At the sole discretion of the State, Grantee shall assign to
<br />the State all of Grantee's right, title, and interest under such terminated orders or subgrants. Upon
<br />termination, Grantee shall take timely, reasonable and necessary action to protect and preserve
<br />property in the possession of Grantee in which the State has an interest All materials owned by the
<br />State in the possession of Grantee shall be immediately returned to the State. All Work Product, at the
<br />option of the State, shall be delivered by Grantee to the State and shall become the State's property.
<br />Document Builder Generated Page 10 of 43
<br />Rev 3/31/2016
<br />
|