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at the time of such termination, except to the extent necessary to cover costs properly incurred prior to such <br />ternunation, shall be returned to the applicable parties. <br />D.3. TERMINATION FOR CONVENIENCE <br />The States and Reclamation may ternunate this agreement in whole or in part for convenience, when they <br />agree that the continuation of this agreement would not produce beneficial results. In that event, the <br />parties shall negotiate the termination conditions, including the effective date and, in the case of partial <br />termination, the portions to be terminated. Any funds remaining in contribution accounts at the time of <br />such tertnination, except to the extent necessary to cover costs properly incuned prior to such termination, <br />shall be returned to the applicable parties. <br />D.4. STEVENS AMENDMENT <br />The Foundation agrees, as a condition for the receipt of funds pursuant to this 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 amount <br />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 1N 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 all 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, including <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. Failure 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 shall 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 />Organizations" <br />b. Agreements with State and local governments shall be in accordance with the provisions of the <br />following circulars: <br />Page 9 of 32