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. .. , " ,. . If) Coats claimed, agreed to, or deter.ined pursuant to (el. Cd). (el, and (1) bereof shall be in accordance with Section XV of the Defense Acquisition Regulation as in effect on the date ot this conteact. (9) The Contractor shall have the right of appeal, under the clause of this contract entUled -Dlsputes., boa any detel"ll'llnation lIIade by the Contracting Officer under paragraph (e), (e). or (1) hel;eof. except that if the Contractor has failed to submit his claim within th. time provided in pars9rsph (e) or (11 hereof. and has failed to request extension of such tl~. he shall have no such right of appeal. [n any case where the Cont.racHJtg Officer has made a deterllination of the amount due under paragraph (e), (e) or (l) hereof, the GovernMent shall pay to the Contractor the following 1 U) if there is no right of appeal hereunder or if no timely apped has been taken. the aaount 80 detenllined by the CQntractill9 Officer, or (11) if ;;tn appeal has been taken, the amount finally deterained on such appeal. (h) In aniving at the alllOlJnt due the Contractor under this clause there shall be deducted (1) all unliquidated advance or other paYlllents on 4ccount theretofore made to the Contractor. applicable to the teulinated portion of tht. contract. Ii i) any claim which the Government may have against the Contractor in connection with this contract. and (U1) the agreed price for, o~ the proceeds of sale of. any materials, supplies. or other thi"98 acquired by the Contractor or 801d. pursuant to the provisions of this clause. and not otherwise recovered by oc credited to the Gover~ent. (1) If the termination hereunde[ be partial, the COntractor may file with the COntractin<j Officer a claim for an equitable adjustllent of the price or prices specified in the contract. relating to the continued portion of the contract (the portion not tenllinated by the Notice of Termin4tion), and s\lch equitable adjustJllent as lllay be al}reed upon shall be made In such price or pdces. Any Cloll.. by the Contractor for an equitable adjustment under this clause must be asserted within ninety (90) days frOM the effective date of the termination notice, unless an extension is Ijranted 1n wri ting by the Contractinq Officer. (j) The Government may from tillle to tilDe, under such terms and conc;Htions a. it lIay prescdbe, JIIake partial payPlents and payments on account olljainst costs incuned by the Contractor In connection with the ter.inated port ion o,t this contract whenever in the opinion of the ContractlQ9 Officer the ag9rec:jate of such papents shall be within the aJllount to which the Contractor will be entitled hereunder. If the total of such payments Is in excess of the alllOunt finally agreed or deterllllned to be due under this clause. such excess shall be payable by the Contractor to the GovernMent upon demand, toqether with interest cOlllputed at the rate established by the Secretary of the Treasury pursuant to Public Law 92-41. 85 STAT 97 foe the .Renegot14tJon Bodrd, tae the period from the date such eKcess payaent is received by the Contractor to the date on whiCh such excess is repaid to the Government, provtded. however, that no inteeest shall be charged with respect to any such excess payment attributable to a reduction in the Contcactor.s claim by reason at retention or other dispOSition of termination inventory until ten days after the date of such retentton or disposition, or such later date as determined by the Contracting Officer by reason of the circulllstances& (k) Unless otherwise provided for In this contr"ct, or by applicable statute, the Contractor shall - from the effective date of terlllination until the expiration of three yeolrs after final settlement under this COntract _ preserve and make available to the Government at all reasonable times at the office of the Contractor but without direct charlje to the Governaent:, all his books, records, docuJllents and other evidence bearing on the costs and expenses of the Contractor under this contract and H~~ating to the work tendnatt,td hereunder. or, to the extent approved by the Contracting Officer. photographs, ~icrophotoqrapha, or other authentic reproductJons thereof. (OAR 7-602.29(a)) 19. ralCING OF ADJUSTMENTS (1910 JUL) When costs are <II factor in any determinatLon of a contract price adjustment pursuant to the *Changes- clause or any other provision of this cc;mtract. such costa !J~11 be in acCt?r4ance with Section lV of the Oefenlfe Acquisition fte9qht!9n as in effec~ o~ the ~ate of this contract& (DAR 7-11)).26) aO. PA~ENT INDEMNITY (1964 JU~) EXcept as otherwise provided, the Oontractor agrees to Jnde~nlfy the Governl!lent and its officers,' agents. and elllployees against liability. Including costs and expenses, for infdngeJllent upon any Ll!tters Patli!nt of the United States (except Letter's Patent hSljed uPOI1 an application which h now or ~ay hereafter be. for reasons of national security. ordered by the Governaent to be kept secnt or otherwhe withheld hoa issue) arisinl} out of the pecfonDance of this contract or out of the use or disposal by or for the account of the GovernlRent of s~pplies furnished or construction work perfo~d hereunder. (DAR 7-602. J~ (a)) l1. ADDITIONAL BOND SECURITY (1976 OCT) If any surety upon any bond furnished in connection with this contract beCQRes unacceptable'to the Gov~rnment, or if any such surety faLls to furnish reports 4S to his financial condition frOlll time to ti..e as requested by the Government, or if the contract price is increased to such an extent that the penal sum of any bond beC0IM!8 inadequate in the opinion of the ~on~cactll'l:l) Officer, the Contractor shall pr~ptly furnish sucb additional security as ..y be required fro. ti~ to time to protect the Interests of the Government and of persons supplying labor or _aterials in the prosecution of the work c~mte..plated by this contrac~. (DAR 1-602.17) 22. EXAMINATION 0, RECORDS BY COMPTROLLER GENERAL (1975 JUN) (a) Tl:lis clause is applicable if the aRlOunt of this contract exceeds $10,000 and was entered Into by .eans of negotiation, includin9 small business restricted a4vertlslng but is not applicable if this contract was entered into by ~an8 of forlllal advertising. Ib) The Contractor agrees that the COllptroller General of the United States or any of his duly authorized representatives shall, until the expiration of three years after ,final payment under this contract or such lessee tb~e specified In either Appendl~ H of the Defense Acq\lJaJtion Reguhtion or the Federal P.rocure.en~ RegUlations Part 1-20, <1:5 appropriate, have olccess to and the rlght to examine any directly per~~nent books. documents, papers. and records of the Contractor involyinq transactions related to this contract. (c) The Contractor further agrees to include in all hIs subcontracts he.reunder a provision to the effect that the subcontractor a9rees that the COmptroller General of the United States or any of his duly authorized representatives shall. until the expiration of three years after final payMent under the subcontract or such lesser till\@ specified in either Appendix M of the Defense Acquisition Regulation or the Federal Procurement Regulations Part 1-20, as appropriate, have access to and the d9ht to examine any directly pertinent books, docu.ents, papecs, and recocds of such subcontractor. involvinq transactions related to the subcontract. The term .subcontract* as used in this clause excludes (1) purchase orders not exceedinq SlO,OOO and Cl Kay 83) 13 (Const. Gen. Prov.) Cl Kay 83) 14 (Canst. Gen. Prov.)