Res 1980-025 - Laserfiche WebLink

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5. D~partment 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. I 6. Department shall not be liable to contractor for any costs which are not allowable costs to entities receiving funds dit'E'ctl y from the Federal Government DUt'suan t to the terms of a grant or contract from or with the Federal Government as such allov/(\ble costs ilre deter~~:inpdin accordance with OMB Circular No. A-102, Revised, 42 Fed. Reg. 45828-45891 (1977), and FMC 74-4. 7. Department shall not be 1 iable 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 activities, including royal- ties from copyrights and patents. The disposition of all other program income shall be in accordance with Section 20 of this contract. 8. Department shall not ~e liable to Contractor for any cost incurred by Contractor, or portion thereof which: (1) has been paid to Contractor or is subject to payment to contractor, or (2) has been rpimbursed to Contractor or 15 subject to reimbursement to Contractor, by any SUH'ce ct hi'r thaI: Department or Contractor. 9. Depdrtment shull not Lp liilble for any costs incurt'ed by Contractor in the performance of this contract which have not been billed to Departl1lE1nt 'within 90 days follolrring the termination of this contract. I b. Mdhod of Pal/ment 1. Contractor shall submit to Department a quarterly financial exoenditure report and a quarterly request for project payment no later than the fifteenth day of the month following the close of the preceding quarter. SUCh reports shall be in the form, manner and with the number of copies as required by Department. Contractor shall also submit to Department at the same time the financial expenditure report is submittedt such reporting documents, invoices or fiscal records as may be required by Department for audit purposes. Within a reasonable time after receipt of Contractor's quarterly financial expenditure report and quarterly request for payment, Department shall pay to Contractor an amount equal to D~partmentdl liabilities accrued as specified in sub- ~~ction A of this Section but unpaid hereunder. I 2. Notwithstanding the provisions of paragraph 1 of this ~Jbse:tion 8, Department may, at its sole option and in its sule discretion, withhold from payments an amount not exce~di~g ten percent (10%) of each claim by Contractor for re mbursement until such time as Department has received and reviewed the Final Project Report. Within a reasonable time after receipt and review by Department of the final project report, Department shall pay to Contractor from the diliOUllt determined to be the final amount owinq to Contractor under this contract, but unpaid hereunder. 3. Notwith~tanding any other provision of this contract, it is expressly understood and agreed by the parties hereto that the Department may, at its sole option and in its sole discretion, offset any amounts withheld or otherwise owing to the Contractor hereunder against any amount owing but unpaid by Contractor to Department arising from this or any other contract between Department and Contractor. Page 2 of 11 Pages