WMOD00206

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

. .

(I) (IJ The GovernmenT may, under the terms and conditions It prescribes, make partial payments
and payments against costs incurred by the Contractor tor the terminated portion of .the contract,
It the Contracting Officer believes the total of these payments wi I I not exceed the amount to
whlch the Contractor will be entitled.

(2) If the total payments exceed the amount finally determined to be due, the Contractor shall
repay the excess to the Government upon demand, together with Interest computed at the rate
eST.bllshed by The SecreT.ry of The Tre.sury under 50 U.S.C. App. 1215(b)(2). InTeresT sh.11
be computed for the period from the date the excess payment Is recefved by the Contractor to
The date the excess Is repaJd. IntereST shall no1" be charged on any excess paymenT due 1"0 a
reduction In the Contractor's termination settlement proposal because of retention or other
disposition of termination Inventory until 10 days after the date of the retention or disposi-
tion, or a later date determined by the Contracting Officer because of the circumstances.

(m) The provisions of thls clause relating to fee are Inapplicable it this contract does not
include a fee.

1-2.5 52.249-14 EXCUSABLE DELAYS (APR 1984)

(8) Except for defaults of subcontractors at any tier, the Contractor shall not be In default
because of any failure to perform this contract under Its terms If the tal lure arises from causes
beyond the control and without the fault or negligence of the Contractor. Examples of these
causes are (1) acts of God or of the publ Ie enemy, (2) acts of the Government in either its
sovereign or contractual capac1ty, (3) fires, (4) floods, (5) epidemics, (6) Quarantlne restric-
tions, (7) strikes, (8) freight embargoes, and (9) unusually severe weather. In each instance,
the failure to perform must be beyond the control and without the fault or negligence of the
Contractor. "Default" includes hl11ure 'to make progress In the work so as to endanger perfor-
mance.

(b) If the fal lure to perform Is caused by the failure of a subconTractor at any Tier TO perform
or make progress, and if the cause of the failure was beyond the control of both The Contr~cTor
and subconTractor, and without the fault or negligence of either, The Contractor shall not be
deemed to be 1n default, unless--

(1) The subcontracted supplies or services were obt~lnable from other sources;

(2) The Contracting Officer ordered The ContraCTor in writing TO purchase these supplies or
services from the other source; and

(3) The ConTractor failed to comply reasonably with this order.

(c) Upon request of the ConTractor, the Contracting Officer Shall ascertain The facTS and extent
of the fal lure. If the Contracting Officer deTermines thaT any fal lure to perform results from
one or more of the cauSes above, the delivery schedule shel I be revised, subject TO the rights of
the Government under the termination clause of this conTract.

1-2.6 52.245-5 GOVERNMENT PROPERTY (COST-REIMBURSEMENT, TIME-AND-MATERIAL, OR LABOR-HOUR
CONTRACTS) (APR 1984)

NOTE: The following clause Is applicable when a cost-reimbursement, Time and material, or labor-
~ contract is conTemplated, except as provided in FAR 45.106(f)(1), 1T Is for the condUCT of
baslc or applied research at nonprofit lnstitutlons of higher education or aT nonprofit organlza-
tions whose primary purpose 15 The conduct of scientific research, in which case 'paragraph (c) is
changed as provided In FAR 52.245-5.

(a) Government-furn 1 shed properTy. (1) The 'term "Contractor's manager la I personne I," as used In
paragraph (g) of This Clause, means any of the ConTractor's directors, officers, managers,
superintendents, or equivalent representatives who have supervision or direction of--

(i) Al I or substantially al I of the Contractor's business;

(II) Al I or substantially al I of the ContracTorls operation at anyone plant, or separate
locatIon at which the conTract is being performed; or

(II)) A sep~rate and complete major industrial operation connected with performing this
contracT.

(2) The Government shall deliver to the Contractor, for USe )n conneCTion with ~nd under the
Terms of this contract, the Government-furnished property described in the Schedule or specifi-
cations, together with such related data and .nformatlon as the Contractor may request and as
may be reasonably required fo~ the Intended use of the property (hereinafter referred to as
IlGovernment-furnished properTy").

1-11