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<br />5. Disbursement of funds. The CWCS shall disburse funds to the Corps periodically as the <br />Corps submits statements to the CWCB that set forth the STUDY tasks accomplished and <br />costs incurred for the time period covered by the statement. The CWCS shall make such <br />disbursements within 60 days of receipt of a statement from the CORPS. However, the CWCS <br />shall not disburse any funds under this agreement until it has received approval for <br />reimbursement of funds from the Federal Emergency Management Agency pertaining to grant <br />number EMD-2000-GR-0071. <br /> <br />6. Access to STUDY results. The original engineering data and reports resulting from the <br />STUDY shall be deposited in the offices of the Omaha Corps. The CORPS shall provide the <br />CWCS with full access to and copies of the STUDY data and analyses in both published and <br />electronic form. <br /> <br />7. Availability of STUDY results to public. The CORPS may, at its own discretion, publish a <br />report to make STUDY data and analyses available to the public. The CWCS reserves the <br />right to also publish the STUDY results independently or through other entities. Any publication <br />of STUDY results shall contain an acknowledgment of the parties' participation in the STUDY. <br /> <br />8. Termination of agreement. This agreement shall terminate at the completion of the <br />STUDY, provided that, prior to such time and upon sixty days written notice, either party may <br />terminate this agreement without penalty. During the course of the STUDY, the STATE may <br />inspect all analytical work pertaining to the STUDY, and if the work is not being performed in a <br />satisfactory manner, the STATE may terminate this agreement upon sixty days written notice to <br />the Corps. In the event of termination of this agreement by either party, the CORPS shall <br />provide the STATE with copies of all finished STUDY development, analyses, data, and reports <br />prepared by the CORPS. The CORPS shall provide such copies to the STATE within thirty (30) <br />days of the effective date of such termination. Upon submittal to the STATE of a statement <br />from the CORPS for the period preceding the effective date of the termination of this <br />agreement, the CORPS shall be entitled to receive the STATE'S share of the cost of any such <br />STUDY materials that have been prepared before the effective date of termination of this <br />agreement, have been provided to the STATE, and have not yet been paid for as of the <br />effective termination date. <br /> <br />9. Agreement relationship. The parties to this agreement intend that the relationship <br />between them contemplated by this agreement is that of co-participants, not <br />employer-employee nor principal-agent. No employee, agent, or servant of the CORPS shall <br />be, or shall be deemed to be, an employee, agent, or servant of the STATE. <br /> <br />10. Severability. To the extent that this agreement may be executed and performance of the <br />obligations of the parties may be accomplished within the intent of the agreement, the terms of <br />this agreement are severable, and should any term or provision hereof be declared invalid or <br />become inoperative for any reason, such invalidity or failure shall not affect the validity of any <br />other term or provision hereof. The waiver of any breach of a term hereof shall not be <br />construed as waiver of any other term. <br /> <br />11. Assignment. Neither party may assign its rights or duties under this agreement without <br />the prior written consent of the other party. <br /> <br />12. Integration of all understandings. This agreement is intended as the complete <br />integration of all understandings between the parties. No prior or contemporaneous addition, <br />deletion, or other amendment hereto shall have any force or effect whatsoever unless <br />embodied herein in writing. No subsequent novation, renewal, addition, deletion, or other <br />amendment hereto shall have any force or effect unless embodied in a written agreement <br />executed and approved pursuant to STATE fiscal rules. <br /> <br />13. Captions. The captions and headings in this agreement are for convenience and <br />reference only and shall not be construed so as to define or limit the terms or provisions <br /> <br />Page 2 of 4 <br /> <br />