Res 1990-098 - Laserfiche WebLink

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Article 3. Compensation (cont.) F. The Local Government agrees to submit monthly or quarterly requests for reimbursement using billing statements acceptable to the State. The original billing statement and two copies are to be submitted to the address shown on the last page of this contract. G. The Local Government agrees to submit the final request for payment under this contract within sixty (60) days after the end of the contract period. H. The State win exercise all good faith to make payments within thirty days of receipt of properly prepared and documented requestsfor payment. All pay- ments, however, are contingent upon the availability of appropriated funds. Article 4. Limitation of Liability Because federal funds are authorized on a federal fiscal year basis only, payment of costs incurred hereunder is contingent upon the availability of federal funds. If at any time during the contract period the State determines that there is insuffi- cient funding to continue the project, the State shall so notify the Local Government, giving notice of intent to terminate the contract. Such termination will be conducted in such a manner that will minimize disruption to the Local Government and the State, and as further specified in General Provision G9, Termination. If any claim submitted during the 60 days following the termination of this contract for reason of insufficient federal funds is not paid wi thin 90 days after the end of the fiscal year in which the cost is incurred, the State shall not be liable for payment at a later date. The Local Government expressly waives any further claim if sufficient funds are not available to the State for payment of the Local Government's claim. The Local Government shall indemnify, defend, and hold the State harmless from any and all claims and lawsuits by third parties arising from or incident to the State's non-payment of the Local Government's claim under this contract. This indemnification, defense and hold harmless agreement by the Local Government includes the payment of all damages, expenses, penalties, fines, costs, charges, and attorney fees, if the claims or lawsuits are based upon the State's non-payment of claims submitted under this contract. The Local Government shall defend any suits brought upon an such claims and lawsuits and pay all costs and expenses incidental thereto, but the State shall have the right at its option to participate in the defense of any suit, without relieving the Local Government of any obligation hereunder. Page 3 of 13