Laserfiche WebLink
Alternative Response Team Grant Grantee Funding Agreement <br /> <br /> <br />(1) During the period of suspension of performance, each party will inform the other of any <br />conditions that may reasonably affect the potential for resumption of performance. <br /> <br />(2) When AWC determines that the funding insufficiency is resolved, it will give the Grantee <br />written notice to resume performance, and Grantee shall resume performance. <br /> <br />(3) Upon the receipt of notice under b. (2), if Grantee is unable to resume performance of this <br />Grant or if the Grantee’s proposed resumption date is not acceptable to AWC and an <br />acceptable date cannot be negotiated, AWC may terminate the Grant by giving written notice <br />to the Grantee. The parties agree that the Grant will be terminated retroactive to the date of <br />the notice of suspension. AWC shall be liable only for payment in accordance with the terms <br />of this Grant for services rendered prior to the retroactive date of termination. <br /> <br />c. AWC may immediately terminate this Grant by providing written notice to the Grantee. The <br />termination shall be effective on the date specified in the termination notice. AWC shall be liable only <br />for payment in accordance with the terms of this Grant for services rendered prior to the effective <br />date of termination. No penalty shall accrue to AWC in the event the termination option in this section <br />is exercised. <br /> <br />d. For purposes of this section, “written notice” may include email. <br /> <br />35. Termination Procedure. Upon termination of this Grant the AWC, in addition to other rights provided in this <br />Grant, may require the Grantee to deliver to AWC any property specifically produced or acquired for the <br />performance of such part of this Contract as has been terminated. The provisions of the “Treatment of <br />Assets” clause shall apply in such property transfer. <br /> <br />The AWC shall pay to the Grantee the agreed upon price, if separately stated, for completed work and <br />services accepted by AWC and the amount agreed upon by the Grantee and AWC for (a) completed work <br />and services for which no separate price is stated, (b) partially completed work and services, (c) other <br />property or services which are accepted by AWC, and (d) the protection and preservation of the property, <br />unless the termination is for default, in which case AWC shall determine the extent of the liability. Failure to <br />agree with such determination shall be a dispute within the meaning of the “Disputes” clause for this Grant. <br />The AWC may withhold from any amounts due to the Grantee such sum as AWC determines to be necessary <br />to protect AWC against potential loss or liability. <br /> <br />The rights and remedies of AWC provided in this section shall not be exclusive and are in addition to any <br />other rights and remedies provided by law under this Grant. <br /> <br />After receipt of a notice of termination, and except as otherwise directed by the AWC, the Grantee shall: <br /> <br />a. Stop work under this Grant on the date and to the extent specified, in the notice; <br />b. Place no further orders or subcontracts for materials, services or facilities except as may be necessary <br />for completion of such portion of the work under the Grant that is not terminated; <br />c. Assign to AWC, in the manner, at the times, and to the extent directed by the AWC, all rights, title, and <br />interest of the Grantee under the orders and subcontracts in which case AWC has the right, at its <br />discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts; <br />d. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, <br />with the approval or ratification of AWC to the extent the AWC may require, which approval or ratification <br />shall be final for all the purposes of this clause; <br />e. Transfer title to AWC and deliver, in the manner, at the times and to the extent as directed by AWC, any <br />property which, if the Grant had been completed, would have been required to be furnished to AWC; <br />f. Complete performance of such part of the work not terminated by AWC; and <br />DocuSign Envelope ID: F104B68D-4CA6-4E28-8D9B-EC70D0A7CF7B