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I Draft December 3, 2007 <br />Agreement <br />Page 5 of 9 <br />• Either party may terminate this agreement upon 30 days prior written notification to the other <br />party. If this agreement should be terminated by the FWS, its liability shall extend only to the <br />release of its work products and related materials to PRRIP by the termination date. If this <br />agreement should be terminated by PRRIP, its liability shall extend only to payment for the actual <br />and reasonable costs of services rendered and the costs of any non-cancelable obligations <br />incurred in accordance with the terms of this agreement prior to the effective date of termination. <br />11. Apreement Continent upon Available Funding. <br />This Agreement is contingent upon funding availability and continuation of the Platte River <br />Recovery Implementation Program. <br />12. Other Space, Equipment and Supplies. <br />TAT will supply their own office space, equipment, and supplies. <br />• <br />Cl <br />13.Insurance. <br />Proof of Insurance will be required before the contract is in effect. Minimum insurance <br />requirements will include $1,000,000 general liability per occurrence. The insurance should <br />include coverage for both aerial and ground surveys and the same limit of coverage for <br />passengers in aircraft (no sublimits). To the extent authorized by law, the contractor shall <br />indemnify, save, and hold harmless the Nebraska Community Foundation, the states of Colorado, <br />Wyoming, and Nebraska, the Deparhnent of Interior, Governance Committee and the Executive <br />Director's Office, their employees, employers, and agents, against any and all claims, damages, <br />liability, and court awards including costs, expenses, and attorney's fees incurred as a result of <br />any negligent act or omission by the contractar or its employees, agents, subcontractars, or <br />assignees pursuant to the terms of this project. <br />14. Insnection and Acceptance. <br />All deliverables furnished by TAT shall be subject to rigid inspections bv the Contracting Officer <br />and Governance Committee. <br />15. Contract Manasement and Contact Information. <br />The Project Managers or their successors far each of the parties are responsible for and will be <br />the contact person for all communications regarding the performance of this agreement. <br />The Project Manager for the FWS TAT is: <br />Name: Dr. Don O. Hunter, Leader <br />Address: Technology Applications Team <br /> 3665 JFK Pky. Bldg. 2, Suite 100 <br /> Fort Collins, CO 84525 <br />Telephone: (970) 219-5812 <br />Fax: (970) 484-1809 <br />Email: don_hunter@fws.gov <br />The Project Manager PRRIl' for is: <br />Name: Dr. Jerry Kenny, Executive Dir. <br />Address: Headwaters Corporation <br />3710 Central Ave., Suite E <br />Kearney, NE 68847 <br />Telephone: (308) 237-5728 <br />Fax: (308) 237-4651 <br />Email: kennyj@headwaterscorp.com