WMOD00206

• Applicant: North American Weather Consultants
• Project Name: Grand Mesa
• Date: 11/1/1985
• Weather Modification - Doc Type: Contract

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(9) If any SuiT or aCTion Is f1 led or any claim Is made against the Contractor, the cost and
expense of which may be reimbursable to the Contractor under this contract, and the "risk of which
ls then uninsured or Is Insured for less then the amount claimed. the Contractor shal 1--

(1) Immediately notify the Contracting Officer end promptly furnish copies of all pertinent
papers recelved;

(2) Authorize Government representatives to collaborate with counsel tor the Insurance carrier
In settling or defending the claim when the amount of the liabIlity claimed exceeds the ~mount
of coverage; and

(3J Authorize Government representat'ves to settle or defend the clafm and to represent the
Contractor in or to take charge of any litigation, If required by the Government, when the
I lability is noT lnsured or covered by bond. The Contractor may, aT its own expense, be asso-
ciated with the Government represe~Tatlves 1n any such claim or litigation.

1-2.2 INDEMNIFICATION--DEPARTMENT OF THE INTERIOR (APR 1984)

(a) The Contractor shall indemnify and hold the GovernmenT harmless for any and all losses,
damages, or Ilabillty on account of personal lnjury, death, or property damage, or claims for per-
sene I Injury, death, or property damage of any nature whaTsoever and by whomsoever made, arising
out of the activities of the Contractor, its employees, subcontractors, or agents under the
contract. For the purpose of fulfilling ITS obligations under This paragraph, the Contractor
shall procure and maintain during the term of this contract and any extension thereof Ilab! lity
Insurance in form satisfactory to the Contracting Officer by an Insurance company which is accep-
tab'e 1"0 'the Contrac'tlng Oft Icer. The name Insured parties under the pOlicy sha" be 'the
Contractor and the United States of America. The amounts of the insurance shal I be not less than
as follows:

S200,OOO per person for bodily Injury, other than passenger liability.

S500,OOO per occurrence for bodily Injury, other than passenger liability.

$200,000 per occurrence for property da~ge.

S200,OOO for passenger liabilIty bodily Injury multIplIed by number of seats or passengers,
whichever Is greater.

(b) Each pol ley or certificate evidencing the Insurance shall conTaln an endorsemen't whlch provl-
des 'tha't The insurance company.'" notify 'the Contracting Officer 30 days prior to the effective
date ot any cancellation or termination of the pOlicy or oerTlflcate or any modlfleation of the
polley or cerTificaTe which adversely affects the inTeres't of the Government in such Insurance.
The vot1ce shall be sent by reglstered mal I and shel I identify this contract, the name and address
of the conTracting office, the pOlicy and the 1nsured.

(e) Prior To the commencement of work hereunder, the Contractor shel I furnish 'the Contracting
Officer wiTh acceptable evidence showing that the Insurance coverage described In this clause has
been obta I ned.

1-2.3 52.249-5 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (EDUCATIONAL AND OTHER NONPROFIT
INSTITUTIONS)(APR 1984)

(a) The Government may terminate performance of work under this contract in whole or, from time
to time, In part It the Contracting Officer determJnes that a termination Js In the Government's
interest. The Contracting Officer shel I terminate by delivering to the ConTractor a Notice of
Termination speCifying the extent of termination and the effective daTe.

(b) AfTer receipt of a Notice of TermInation ~nd except as directed by The Contracting Officer,
The ConTraCTor shal, immediately proceed with the tal lowing obligaTions:

(1) Stop work as specifIed In 'the notice.

(2) Place no further subcontracts or orders (referred to as subconTracts In this clause),
except as necessary to complete the continued portion of the contract.

(3) TermInate al I applicable subcontracts and cancel or divert applicable commitments covering
personal services ~ha~ extend beyond the effective date of termination.

(4) Assign to the Government, as directed by the Contracting Officer, all right, title, and
Interest of the Contractor under the subcontracts terminated, in ~hlch case the Government
shall have the right to settle or pay any termination seTtlement proposal arising out of those
terminaTions.

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