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3.Any fmal binding determination issued by the Arbitrator shall be in writing within thirty(30)days
<br /> of the final mediation session.
<br /> 4. Such written decision may be entered as an Order of the Court with proper jurisdiction.
<br /> H. This Section XIII shall survive the termination of this PFA.
<br /> XIV. STANDARD TERMS AND CONDITIONS
<br /> A. Standard tellus,which by their nature and intent may continue beyond the termination of the PFA,
<br /> shall survive the termination of this PFA.
<br /> B. Accuracy of Testing/Quality Assurance: The Sub-recipient shall use its best efforts all data and test
<br /> results during the course of this PFA and included,or relied upon,in the Final Report are accurate to
<br /> the best of its knowledge,information,and belief In the event the Sub-recipient obtains any data,
<br /> test results, infoithation derived from such data or test results, or other information to be included in
<br /> the Project from water utilities or any Subcontractor,the Sub-recipient will utilize reasonable and
<br /> customary efforts to the accuracy of the information obtained.
<br /> C. Co-funders Review: The Sub-recipient shall(a) grant the Co-funders the right to review the
<br /> Project's use and conclusions concerning that organization's data and/or test results,if any, and(b)
<br /> provide the Co-funders with the reasonable opportunity to correct,or if correction will take an
<br /> unreasonably long time,to respond to any problems or difficulties uncovered by the data,
<br /> information,or test results,all of which must occur prior to the publication or use of such
<br /> information. This provision shall apply to each Co-funder in any manner with the Project, including,
<br /> but not limited to,providing services, data,materials for testing,test results, and/or documentation. •
<br /> The Sub-recipient shall be responsible for providing letters for review and execution by each Co-
<br /> funder confirming that they have been made aware of the nature of the cooperative relationship and
<br /> have reviewed all applicable data, information,or results as described in this Section XIV.C.Letters
<br /> of confirmation,signed by a representative for and each Co-funder,must be received by Foundation
<br /> with submittal of the Final Report(Exhibit B).If the Sub-recipient has made reasonable efforts but
<br /> is not able to obtain a Letter of Confirmation with the signature of a representative for the Co-
<br /> funders,the Principal Investigator may submit a signed letter stating this fact and further stating that
<br /> the Co-funders were provided reasonable opportunity to correct or respond to any problems or
<br /> difficulties as stated above.
<br /> D. Responsibilities: The responsibilities detailed by this PFA in order to protect the parties' Intellectual
<br /> Property rights shall continue throughout this PFA and shall survive the termination of this PFA.
<br /> Further,in addition to the responsibilities detailed elsewhere in this PFA, each of the parties shall
<br /> have the responsibilities detailed below:
<br /> 1. Responsibilities of Foundation.If the Sub-recipient experiences any problems relating to the
<br /> completion of this Project or PFA from third parties,including,but not limited to, liabilities,
<br /> obligations,damages, losses, costs,claims,lawsuits,causes of action, or demands, including any
<br /> attorneys' fees and costs,the Foundation's sole obligation will be to provide evidence of this
<br /> PFA and the grant provided.the Foundation will be responsible only for proven direct damages
<br /> caused directly by its then current insured actions or omissions in breach of this PFA and not
<br /> special, consequential, or other damages,or any attorneys' fees or costs,whether known or not.
<br /> FINAL 09012011 18 Joint Multi Funded PFA
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