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<br /> usefulness. In the event PERFORMING AGENCY is indemnified, reimbursed, or otherwise compensated for any loss
<br /> of, destruction of, or damage to the assets provided under this contract, it will use the proceeds to repair or replace said
<br /> assets.
<br /> PERFORMING AGENCY agrees that upon termination of applicable Attachment(s), title to any remaining equipment
<br /> and supplies purchased from funds as hereinabove provided will be transferred to the RECEIVING AGENCY or any
<br /> oilier party designated by me RECEIVING AGENCY; provided, however, that RECEIVING AGENCY may, at its option
<br /> and to the eXtent allowed by law, transfer title to such property to the PERFORMING AGENCY.
<br /> In the event of bankruptcy, PERFORMING AGENCY agrees to sever RECEIVING AGENCY property, equipment,
<br /> and supplies in possession of PERFORMING AGENCY from the bankruptcy.
<br /> ARTICLE 20. Sllhcontradin~
<br /> PERFORMING AGENCY may enter into agreements with subcontractors unless restricted or otherwise prohibited in
<br /> specific Attacbmem(s). Subcontracts, if any, entered into by PERFORMING AGENCY must be in writing, be executed
<br /> on an annual basis and include the following information: 1) name and address of all parties, 2) well defined scope of
<br /> work, 3) measurable method and rate of payment, 4) clearly defined and executable termination clause, and 5) have
<br /> beginning and ending dates coinciding with the dates of the applicable contract Attachment(s). PERFORMING AGENCY
<br /> must ensure that 1) subcontracts include any clauses required by StatelFederal statUtes, executive orders, and their
<br /> implemeD!ing regulations; and 2) subcontractors are aware of requirements imposed upon them by StatelFederal statUtes
<br /> and regulations.
<br /> PERFORMING AGENCY will pass down audit requirements referenced in Article 10 to subcontractors where
<br /> appropriate and will maintain records sufficient to ensure that required audits have been completed in accordance with
<br /> applicable OMB circulars. .
<br /> PERFORMING AGENCY agrees that it will be responsible to RECEIVING AGENCY for the performance of any
<br /> subcontractor. In addition, if PERFORMING AGENCY elects to enter into an agreement which subcontracts out a
<br /> substantial portion of PERFORMING AGENCY's Scope of Work, prior .written approval must be obtained from
<br /> RECEIVING AGENCY.
<br /> ARTICLE 21. ropyri~hts, Pnhliratiom::, and Patf"nts
<br /> PERFORMING AGENCY understands and agrees that where activities supported by the contract Attachments(s) produce
<br /> original books, manuals, films, or other original material, PERFORMING AGENCY may copyright such material subject
<br /> to me royalty-free, nonexclusive, and irrevocable license which is hereby retained by me federal government (if federal
<br /> funds have been used) and/or RECEIVING AGENCY, state government or any agency thereof to reproduce, publish or
<br /> otherwise use, and to authorize others to use for government purposes (a) the copyright in any work developed under a
<br /> gram, subgram, or coDttact under a grant or subgrant, and (b) any rights of copyright to which a grantee, sub grantee or
<br /> a coDtIactor purchases ownership with grant support. Use of the copyright for government purposes includes the right
<br /> to change the books, manuals, films, or other original material as necessary to use for governmental purposes.
<br /> PERFORMING AGENCY may publish at its expense me results of contract performance with prior RECEIVING
<br /> AGENCY review and approval. Any publication (written, visual, or sound) should include acknowledgment of the
<br /> support received from RECEIVING AGENCY and the appropriate federal agency, if applicable. At least three copies
<br /> of any such publication must be provided to RECEIVING AGENCY. RECEIVING AGENCY reserves the right to
<br /> require additional copies before or after the initial review.
<br /> PERFORMING AGENCY and any subcontractor, as appropriate, must comply with the standard patent rights clauses
<br /> in 37 CPR §401.l4 or FAR 52.227.11.
<br /> (Ind"p"nd"nt) 1997 GENERAL PROVISIONS - Page 9 (5/96)
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