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I . I ' The Foundation agrees, as a dition for the receipt of funds pursuant t s agreement, to: <br />a. Specify in any announcement of the awarding of a contract for the procurement of goods or <br />services (including construction services) with an aggregate value of $500,000 or more the <br />amount of Federal funds that will be used to finance the acquisition; and <br />b. Express the amount announced pursuant to paragraph (1) as a percentage of the total costs of <br />the planned acquisition. <br />D.S. RIGHTS IN TECHNICAL DATA <br />There shall be no restrictions on use of technical data developed under this agreement. Rights to all <br />technical data belong to alt parties to this agreement, and all parties to this agreement may use any <br />technical data developed under this agreement for any purpose they deem appropriate, inctuding <br />publication, without fee or royalty payment. <br />D.6. REGULATIONS AND GUIDANCE <br />The regulations at 43 CFR, Part 12, Subparts A- F are hereby incorporated by reference as though set <br />forth in full text. The following OMB Circulars, as applicable, and as implemented by 43 CFR Part 12, <br />are also incorporated by reference and made a part of this agreement. Fai(ure of a foundation to comply <br />with any provision may be the basis for withholding payments for proper charges made by the foundation <br />and for termination of support. <br />a. Agreements with colleges and universities sha11 be in accordance with the following circulars: <br />Circular A-21, Revised August 29, 1997, "Cost Principles For Educational Institutions" <br />Circular A-110, Revised August 29, 1997, "Uniform Administrative Requirements for Grants and <br />Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations" <br />Circular A-133, Revised June 24, 1997, "Audits of States, Local Governments, and Nonprofit <br />4rganizations" <br />b. Agreements with State and local governments shall be in accordance with the provisions of the <br />following circulars: <br />Circular A-87, Revised August 29, 1997, "Cost Principles for State and Local Governments" <br />Circular A-102, Revised August 29, 1997, "Uniform Administrative Requirements for Grants and <br />Cooperative Agreements with"State and Local Governments" <br />Circular A-133, Revised 3une 24, 1997, "Audits of States, Local Governments, and Nonprofit <br />Organizations" <br />5 <br />c. Agreements made with nonprofit organizations shall be in accordance with the following circulars <br />and provisions: <br />Circular A-110, Revised August 29, 1997, "Uniform Administrative Requirements for Grants and <br />Agreements With Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations" <br />Circular A- 122, Revised August 29, 1997, "Cost Principles for Nonprofit Organizations" <br />Page 11 of 26