Laserfiche WebLink
vii. Subrogation Waiver <br /> All insurance policies in any way related to this Grant and secured and maintained by Grantee or its <br /> Sub-grantees as required herein shall include clauses stating that each carrier shall waive all rights of <br /> recovery,under subrogation or otherwise,against Grantee or the State, its agencies, institutions, <br /> organizations,officers,agents,employees,and volunteers. <br /> C. Certificates <br /> Grantee and all Sub-grantees shall provide certificates showing insurance coverage required hereunder to <br /> the State within seven business days of the Effective Date of this Grant.No later than 15 days prior to the <br /> expiration date of any such coverage,Grantee and each Sub-grantee shall deliver to the State or Grantee <br /> certificates of insurance evidencing renewals thereof. In addition,upon request by the State at any other <br /> time during the term of this Grant or any sub-grant,Grantee and each Sub-grantee shall,within 10 days of <br /> such request,supply to the State evidence satisfactory to the State of compliance with the provisions of this <br /> §13. <br /> 14. BREACH <br /> A. Defined <br /> In addition to any breaches specified in other sections of this Grant,the failure of either Party to perform <br /> any of its material obligations hereunder in whole or in part or in a timely or satisfactory manner, <br /> constitutes a breach. The institution of proceedings under any bankruptcy, insolvency, reorganization or <br /> similar law,by or against Grantee,or the appointment of a receiver or similar officer for Grantee or any of <br /> its property,which is not vacated or fully stayed within 20 days after the institution or occurrence thereof, <br /> shall also constitute a breach. <br /> B.Notice and Cure Period <br /> In the event of a breach,notice of such shall be given in writing by the aggrieved Party to the other Party in <br /> the manner provided in§16. If such breach is not cured within 30 days of receipt of written notice,or if a <br /> cure cannot be completed within 30 days,or if cure of the breach has not begun within 30 days and pursued <br /> with due diligence,the State may exercise any of the remedies set forth in§15.Notwithstanding anything <br /> to the contrary herein,the State, in its sole discretion,need not provide advance notice or a cure period and <br /> may immediately terminate this Grant in whole or in part if reasonably necessary to preserve public safety <br /> or to prevent immediate public crisis. <br /> 15.REMEDIES <br /> If Grantee is in breach under any provision of this Grant,the State shall have all of the remedies listed in this <br /> §15 in addition to all other remedies set forth in other sections of this Grant following the notice and cure period <br /> set forth in§14(B). The State may exercise any or all of the remedies available to it, in its sole discretion, <br /> concurrently or consecutively. <br /> A. Termination for Cause and/or Breach <br /> If Grantee fails to perform any of its obligations hereunder with such diligence as is required to ensure its <br /> completion in accordance with the provisions of this Grant and in a timely manner,the State may notify <br /> Grantee of such non-performance in accordance with the provisions herein. If Grantee thereafter fails to <br /> promptly cure such non-performance within the cure period,the State,at its option,may terminate this <br /> entire Grant or such part of this Grant as to which there has been delay or a failure to properly perform. <br /> Exercise by the State of this right shall not be deemed a breach of its obligations hereunder.Grantee shall <br /> continue performance of this Grant to the extent not terminated, if any. <br /> i. Obligations and Rights <br /> To the extent specified in any termination notice,Grantee shall not incur further obligations or render <br /> further performance hereunder past the effective date of such notice,and shall terminate outstanding <br /> orders and sub-Grants with third parties.However,Grantee shall complete and deliver to the State all <br /> Work, Services and Goods not cancelled by the termination notice and may incur obligations as are <br /> necessary to do so within this Grant's terms. At the sole discretion of the State,Grantee shall assign to <br /> the State all of Grantee's right,title, and interest under such terminated orders or sub-Grants.Upon <br /> termination,Grantee shall take timely,reasonable and necessary action to protect and preserve <br /> property in the possession of Grantee in which the State has an interest.All materials owned by the <br /> Page 8 of 16 <br />