Res 1981-025 - Laserfiche WebLink

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Notwithstanding the provisions of Subsection A ahoy, e, it is expressly understood and agreed by the parties hereto that Department's obli- gations hereunder are contingent upon actual receipt of adequate fu~ds from the United States Office of Personnel Management to meet its Obligations hereunder. Department will notify the Contractor in writing if it has not received adequate funds from the United States 0ffic~-~ of Per.sonnel Management to make payments to the Contractor under this contract. Under these aforementioned circumstances, De- partment will not be legally liable to the Contractor for Department's failure to make payments to the Contractor under this contract. The Contractor fully understands and agrees to this provision. Department shall not be liable to Contractor for costs incurred by Contractor before commencement of this contract or after the termi- nation of this contract. Department shall not be liable to Contractor for any costs incurred by Contractor which are not strictly in accordance with the terms of this contract, including all written amendments hereto signed and agreed to by both Department and Contractor. Department shall not be liable to Contractor for any costs which are not allowable costs to entities receiving funds directly from the Federal Government pursuant to the terms of a grant or contract from or with the Federal Government as such allowable costs are determined in accordance with the requirements of OMB Circular No. A-102, and the cost princi~ples of FMC 74-4 or OMB gircular A-21. Department shall not be liable to Contractor for costs incurred by Contractor to the extent of an amount equal to program income earned by Contractor during the contract period as a result of project actiw[tie~ including r<~yalties from copyrights and patents. The disposition of all other progra~ inco~]~e shall be in accordance with Section XII of this COnl~ract. 8. Departmen. t shall not be :liable to Contractor for any cc>st: incurred by Contractor, or portion thereof which: (a) has been paid to Contractor or is subject ~to payment to contractor, or (b) has been reimbursed to Contractor or is subject to reimburse- ment to Contractor. by any source other than Department or Contractor. Department shall not be liable for any costs incurred by Contractor in the performance of this contract which have not been billed to Department within 90 days following the termination of this contract. C. Method of Payment 1. Contractor shall submit to Department a quarterly financial expenditure report and a quarterly request for project payment no later than the Page 3 of 15