ARTICLE X - FEDERAL AND STATE LAWS
In acting under its rights and obligations hereunder, the Sponsor agrees to comply with all
applicable Federal and state laws and regulations, including section 601 of Title VI of the Civil
Rights Act of 1964 (PL 88-352) and Department of Defense Directive 5500.II issued pursuant
thereto and published in Part 300 of Title 32, CFR, as well as Army Regulation 600-7, entitled
"Nondiscrimination on the Basis of Handicap in Programs and Activities Assisted or Conducted
by the Department of the Army."
ARTICLE XI - COVENANT AGAINST CONTINGENT FEES
The Sponsor warrants that no person or selling agency has been employed or retained to
solicit or secure this Agreement upon agreement or understanding for a commission, percentage,
brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial
or selling agencies maintained by the Sponsor for the purpose of securing business. For breach or
violation of this warranty, the Government shall have the right to annul this Agreement without
liability, or, in its discretion, to add to the agreement or consideration or otherwise recover, the
full amount of such commission, percentage, brokerage, or contingent fee.
ARTICLE XII - TERMINATION OR SUSPENSION
a. This Agreement shall terminate at the completion of the Study Period; provided, that
prior to such time and upon thirty (30) days written notice, either party may terminate or suspend
this Agreement without penalty.
b. Within ninety (90) days upon termination of this Agreement the Study Management
Team shall prepare a final accounting of Study Costs, which will display disbursements by the
Government of Federal funds, cash contributions by the Sponsor, and credits for Negotiated
Costs of the Sponsor. Subject to the availability of appropriations, within thirty (30) days
thereafter the Government shall reimburse the Sponsor for the excess, if any, of cash contributions
and credits given over fifty (50) percent of total Study Costs. Within thirty (30) days of the final
accounting, the Sponsor shall provide the Government with any cash contributions required so
that the total Sponsor share is fifty (50) percent of total Study Costs.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day
and year first above written.
THE UNITED STATES OF AMERICA
STUDY SPONSOR
BY _________________________
BY ______________________
Colonel, Corps of Engineers
(Title)
District Engineer
Contracting Officer
Appendix A - Initial Project Management Plan
W-6
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