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Alternative Response Team Grant Grantee Funding Agreement <br /> <br /> 1 <br />the 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 <br />necessary 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 />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 <br />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 <br />ratification 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, <br />any property which, if the Grant had been completed, would have been required to be furnished to <br />AWC; <br />f. Complete performance of such part of the work not terminated by AWC; and <br />g. Take such action as may be necessary, or as AWC may direct, for the protection and preservation of <br />the property related to this Grant which, in is in the possession of the Grantee and in which AWC has or <br />may acquire an interest. <br /> <br />36. Waiver. A failure by either part to exercise its rights under this Grant shall not preclude that party from <br />subsequent exercise of such rights and shall not constitute a waiver of any other rights under this <br />agreement. Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default <br />or breach. Any waiver shall not be construed to be a modification of the terms of this Grant unless stated to <br />be such in writing and signed by personnel authorized to bind each of the parties. <br />