ARTICLE V - FEDERAL AND STATE LAWS
In exercise of their respective rights and obligations under this Agreement, the
Government and the Partner agree to comply with all applicable Federal and State laws and
regulations, including, but not limited to, Section 601 of Title VI of the Civil Rights Act of 1964,
PL 88-352, and the Department of Defense Directive 5500.11 issued pursuant thereto and
published in Part 300 of Title 32, Code of Federal Regulations, as well as Army Regulations
600.7, entitled "Non-discrimination on the Basis of Handicap in Programs and Activities Assisted
or Conducted by the Department of the Army."
ARTICLE VI - RELATIONSHIP OF PARTIES
a. In the exercise of their respective rights and obligations under this Agreement, the
Government and the Partner each act in an independent capacity, and neither is to be considered
the officer, agent, or employee of the other.
b. In the exercise of its rights and obligations under this Agreement, neither party shall
provide, without the consent of the other party, any contractor with a release that waives or
purports to waive any rights such other party may have to seek relief or redress against such
contractor either pursuant to any cause of action that such other party may have or for violation
of any law.
ARTICLE VII - OFFICIALS NOT TO BENEFIT
No member of or delegate to the Congress, or resident commissioner, shall be admitted to
any share or part of this Agreement, or to any benefit that may arise therefrom.
ARTICLE VIII - INDEMNIFICATION
The Partner shall hold and save the Government free from all damages arising from
services it performs or provides for the construction, operation, maintenance, repair, replacement,
and rehabilitation of the Project, except for damages due to the fault or negligence of the
Government or its contractors.
ARTICLE IX - TERMINATION OR SUSPENSION
a. If at any time the Partner fails to fulfill its obligations under this Agreement, the District
Commander shall terminate this Agreement or suspend future performance under this Agreement
unless he/she determines that continuation of work on the Project is in the interest of the United
States or is necessary in order to satisfy agreements with any other non-Federal interests in
connection with the Project.
b. If the Government fails to receive annual appropriations in amounts sufficient to meet
Project expenditures for the then-current or upcoming fiscal year, the Government shall so notify
the Partner, and 60 calendar days thereafter either party may elect without penalty to terminate
this Agreement or to suspend future performance under this Agreement. In the event that either
party elects to suspend future performance under this Agreement pursuant to this paragraph, such
suspension shall remain in effect until such time as the Government receives sufficient
appropriations or until either the Government or the Partner elects to terminate this Agreement.
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