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Diane Wilson, CFAO <br />Nebraska Community Foundation <br />PO Box 83107 <br />Lincoln, NE 68501 <br />Phone: 402-323-7333 <br />Fax: 402-323-7349 <br />Email: dwilsonAnebcommfound.org <br />The Representative for the Govemance Committee is: <br />Jerry Kenny <br />Headwaters Corporation <br />3710 Central Ave, Suite E <br />Kearney, NE 68847 <br />Phone: 308-237-5728 <br />E-mail: kennyja,headwaterscorp.com <br />SECTION D. GENERAL PROVISIONS <br />D.1. MODIFICATIONS <br />Any changes to this agreement shall be made by means of a written modification. <br />Changes within the general scope of the contract may be executed using the modification process <br />described in this paragraph and using a form substantially equivalent to the sample Modification attached <br />as Attachment J. This form may be used for administrative matters (such as change in party in party <br />representative, changes of address, etc. which have no substantive effect on the parties' rights or <br />obligations) or for a change in the amount of money that will be contributed by any party. All <br />modifications, including modifications for administrative matters or for a change the amount of money that <br />will be contributed by any party, will be processed in accordance with this paragraph and shall be signed <br />by all parties but will not require signature by Colorado's Controller, but may be signed by the <br />representative identified in this contract. Changes to the terms, conditions, extensions to the conh-act term, <br />or change to any other provision of the contract shall be completed by formal amendment and signed by <br />Colorado's Controller, or his designee, and all other requisite parties. <br />Changes dealing with administrative matters (such as change in party representative, changes of address, <br />etc. which have no substantive effect on the parties' rights or obligations) shall be made by the Grants and <br />Cooperative Agreements Officer and or the States upon the authorization of the party or parties involved. <br />Any other changes shall be made only upon direction of the Governance Committee by modification which <br />must be signed by all parties to the agreement. Written changes to the budget can be made by the state and <br />federal representatives to the agreement and the Nebraska Community Foundation upon direction of the <br />Governance Committee provided that these changes do not exceed the total budget provided in <br />Attachment H. No other written statement by any person and no oral statement of any person shall be <br />allowed in any manner or degree ta modify or otherwise affect the terms of this agreement as they apply to <br />the services of the Foundation. <br />D.2. TERMINATION FOR CAUSE <br />The Grants and Cooperative Agreements Officer and the States, after approval of the Governance <br />Committee, may terminate this agreement in whole or in part, at any time before the date of completion, <br />whenever the Governance Committee determines that the Foundation has failed to comply with the terms <br />or conditions of this agreement or of a Work Order issued pursuant to item B.1. Reclamation and the <br />States will promptly notify the Foundation in writing of the determination and the reasons for the <br />termination, together with the effective date. Any funds remaining in confibution accounts at the time of <br />such termination, except to the extent necessary to cover costs properly incurred prior to such termination, <br />shall be returned to the applicable parties. <br />D.3. TERMINATION FOR CONVENIENCE