Res 1992-087 - Laserfiche WebLink

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such termination; and in the case of partial termination, the portion of the contract to be terminated. C. Upon termination or receipt of notice to terminate, whichever occurs first, Contractor shall cancel, withdraw, or otherwise terminate any outstanding orders or subcontracts related to the performance of this contract or the part of this contract to be terminated, and shall cease to incur costs thereunder. Department shall not be liable to Contractor or to Contractor's creditors for costs incurred after termination of this contract. D. Notwithstanding any exercise by Department of its right of suspension under Section 17 of this contract, or of early termination pursuant to this Section 18, Contractor shall not be relieved of any liability to Department for damages due to Department by virtue of any breach of this contract by Contractor. Department may withhold payments to Contractor until such time as the exact amount of damages due to Department from Contractor is agreed upon or is otherwise determined. SECTION 19. AUDIT A. Unless otherwise directed by Department, Contractor shall arrange for the performance of an annual financial and compliance audit of funds received and performances rendered under this contract, subject to the following conditions and limitations: 1. Contractor shall have an audit made in accordance with the Single Audit Act of 1984, P.L. 98-502, and OMB Circular No. 128, "Audits of State and Local Governments", 50 Fed. Reg. 19114 (May 6, 1985), for any of its fiscal years included within the contract period specified in Section 2 of this contract in which Contractor receives more than $25,000 in Federal financial assistance. For purposes of this Section 19, "Federal financial assistance" means assistance provided by a Federal agency in the fòrm of grants, contracts, loans, loan guarantees, property, cooperative agreements, interest subsidies, insurance or direct appropriations, but does not include direct federal cash assistance to individuals. The term includes awards of Federal financial assistance received directly from Federal agencies, or indirectly through other units of State and local government; 2. At the option of Contractor, each audit required by this section may cover either Contractor's entire operations or each department, agency, or establishment of Contractor which received, expended, or otherwise administered federal funds; 3. Notwithstanding Section 4 (a)(5) and Section 4 (a)(6), Contractor shall utilize funds budgeted under this contract to pay for that portion of the cost of such audit services properly allocable to the activities funded by Department under this contract, provided however that Department shall not make payment for the cost of such audit services until Department has received such audit report from Contractor; 4. Unless otherwise specifically authorized by Department in writing, Contractor shall submit the report of such audit to Department within thirty (30) days after completion of the audit, but no later than one (1) year after the end of each fiscal period included within the period of this contract. Audits performed under Subsection A of this Section 19 are subject to review and resolution by Department or its authorized representative. B. Notwithstanding Subsection A of this Section 19, Department reserves the right to conduct an annual financial and compliance audit of funds received and performances rendered under this contract. Contractor agrees to permit Department or its authorized representative to audit Page 8 of 12