|
<br />applicable. In the event that Contract No. Cl50097 is amended in any other manner, this Agreement
<br />shall be amended by the parties to conform to the amended terms of such contract.
<br />
<br />11. Acceptance Not Waiver. CWC's approval of studies, plans, specifications, reports, and
<br />other work or materials furnished hereunder shall not in any way relieve CFWE of responsibility for
<br />the quality and accuracy of the Services. The CWC's' approval or acceptance of, or payment for, any
<br />Services hereunder shall not be construed to operate as a waiver of any rights under this Agreement or
<br />of any cause of action arising out of the performance of this Agreement.
<br />
<br />12. Termination.
<br />
<br />A. In the event that CWCB provides notice to CWC that it intends to cease providing
<br />money to CWC for water education foundation purposes pursuant to Section E of Contract
<br />No. C150097, then this Agreement shall terminate on the date of termination of Contract No.
<br />Cl50097 by CWCB.
<br />
<br />B. If, through any cause, CFWE fails to fulfill in a timely and proper manner its
<br />obligations under this Agreement, or if CFWE violates any of the provisions of this Agreement,
<br />the CWC shall give written notice to CFWE of such failure or violation. If CFWE does not
<br />cure or commence to cure (if the failure or violation cannot be cured within 30 days) such
<br />failure or violation within 30 days thereafter, ewc shall have the right to terminate this
<br />Agreement for cause by giving written notice to CFWE of such termination and specifying the
<br />effective date thereof, at least 5 days before the effective date of such termination. In that
<br />event, CFWE shall provide CWC with copies of all finished Services development, data, drafts
<br />and conclusions prepared by or for CFWE. CFWE shall provide such copies to CWC within
<br />30 days of the effective date of such termination. Upon submittal to CWC of a statement of
<br />Services costs for the period preceding the effective date of the termination of this Agreement,
<br />CFWE shall be entitled to receive the CWC's share of the cost of any such Services materials
<br />that have been prepared before the effective date of termination of this Agreement, have been
<br />provided to CWC, and have not yet been paid for as of the effective termination date.
<br />
<br />13. Force Majeure. Except for the obligation to pay money, neither party shall be liable to
<br />the other party for any delay or inability to perform its obligations hereunder by reason of acts of God,
<br />acts of the public enemy, riot, civil commotion, insurrection, acts or failure to act of governmental
<br />authorities, war, or any other cause or causes beyond ,the party's reasonable control, and an appropriate
<br />extension to the schedule shall be granted in each su~h event of delay.
<br />
<br />14. Indemnification.. CFWE shall indemnify, save, and hold harmless CWC, its employees
<br />and agents, against any arid all claims, damages, liability and court awards including costs, expenses,
<br />and attorney fees incurred as a result of any act or omission by CFWE, or its employees, agents,
<br />subcontractors, or assignees pursuant to the terms ofthis Agreement.
<br />
<br />15. Equal Opportunity. CFWE shall comply with the letter and spirit of all applicable state
<br />and federal laws respecting discrimination and unfaiv employment practices.
<br />
<br />16. Laws. Regulations and Permits. CFWE shall comply with all applicable federal, state
<br />and local codes, statutes, rules, regulations, ordinances, permits and orders in its performance of the
<br />Services under this Agreement. CFWE shall provide to CWC any certification ewc requests in order
<br />to evidence compliance with one or more of said provisions.
<br />
<br />17. CWC's Audit Rights. CWC shall have the right to audit the account books and other
<br />records of CFWE related to the Services at any time during the period of this Agreement and two years
<br />
<br />,
<br />
<br />e
<br />
<br />e
<br />
<br />e
<br />
|