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North Platte - US Forest Service, Rocky Mtn Research Center - Contract
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North Platte - US Forest Service, Rocky Mtn Research Center - Contract
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Last modified
7/28/2009 3:05:01 PM
Creation date
5/21/2009 11:13:38 AM
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WSRA Grant and Loan Information
Basin Roundtable
North Platte
Applicant
US Forest Service, Rocky Mountain Research Station
Description
Effects of Mountain Pine Beetle and Forest Management on Water Quantity, Quality and Forest Recovery
Account Source
Basin & Statewide
Board Meeting Date
9/17/2008
Contract/PO #
C150440
WSRA - Doc Type
Contract Documents
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receiving party must take immediate steps to stop the accrual of any additional obligations, which might <br />require repayment. <br />i. Obligations and Rights. <br />Upon termination, the Parties shall take timely, reasonable and necessary action to protect and <br />preserve property in their possession in which the other Party~rEe has an interest. All finished or <br />unfinished documents, data, studies, research, surveys, drawings, maps, models, photographs, and <br />reports or other materials prepared under this Contract or materials owned by the State in the <br />possession of Contractor shall, at the option of the State, be delivered by Contractor to the State and <br />shall become the State's property. Notwithstanding other provisions to the contrary, the Parties shall <br />continue to fulfill their respective obligations pursuant to this Contract for obligations not terminated <br />by the termination notice, and may incur obligations as are necessary to do so within the Contract <br />terms. <br />ii. Payments <br />If this Contract is terminated by the State, the State shall only reimburse Contractor for accepted <br />Services and Goods received up to the date of termination. Remedies Not Involving Termination <br />B. Remedies Not Involving Termination <br />The State, its sole discretion, may exercise the following remedies in addition to its other remedies, to-wit: <br />i. Suspend Performance <br />Suspend Contractor's performance pending necessary corrective action as specified by the State <br />without entitling the Contractor to adjustment in price/cost or schedule; and/or <br />ii. Withold Payment <br />Withhold payment to the Contractor until corrections in services are satisfactorily completed and /or <br />acceptable goods are provided; and/or <br />iii. Deny Payment <br />Deny payment for those services not performed and/or not provided and which due to circumstances <br />caused by the Contractor cannot be performed, or if performed, would be of no value to the State; <br />provided any denial of payment must be reasonably related to the value of work or performance lost <br />to the State; and/or <br />iv. Removal <br />Demand removal of Contractor's employees, agents, or subcontractors whom the State deems <br />incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable, or whose continued <br />relation to this Contract is deemed to be contrary to the public interest or not in the State's best <br />interest. <br />18. NOTICE and REPRESENTATIVES <br />A. Notice <br />All notices required to be given hereunder shall be hand delivered with receipt required or sent by certified or <br />registered mail to such Party's principal representative at the address set forth below. In addition to hard- <br />copy notice, notice also may be sent by e-mail to the a-mail addresses, if any, set forth below. Either Party <br />may from time to time designate by written notice substitute addresses or persons to whom such notices shall <br />be sent. Unless otherwise provided herein, all notices shall be effective upon receipt. <br />B. Representatives <br />The individuals listed below are the principal representatives of the respective Parties. With respect to the <br />State's representative(s), they have authority to inspect and reject goods and services, approve invoices for <br />payment, and act otherwise for the State, except with respect to the execution of modifications to or <br />termination of this Contract. For the purposes of this Contract, the official representative(s) and addresses of <br />the Parties are: <br />Page 8 of 14 <br />
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