ARTICLE XI - RELATIONSHIP OF PARTIES
The parties to this Agreement shall act in an independent capacity in the performance of
their respective functions under this Agreement, and neither party will be considered the officer,
agent, or employee of the other.
ARTICLE XII - 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 XIII - COVENANT AGAINST CONTINGENT FEES
The State 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 State 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 XIV - TERMINATION OR SUSPENSION
a. If the Government fails to receive annual appropriations for the Program in amounts
sufficient to meet Program expenditures for the then-current or upcoming fiscal year, the
Government shall so notify the State. If the State or its contractors(s) fail(s) to receive
appropriations for the Program in amounts sufficient to meet Program expenditures for the then-
current or upcoming fiscal year, the State shall so notify the Government. After 90 days, either
party may elect without penalty to terminate this Agreement or to defer future performance
hereunder; however, deferral of future performance under this Agreement shall not affect existing
obligations or relieve the parties of liability for obligations previously incurred. In the event that
either party elects to terminate this Agreement, the parties shall conclude their activities relating
to the Program and proceed to a final accounting in accordance with Article VI.
b. It is understood and agreed that termination of this Agreement by any party for
whatever reason shall not end the obligation of the State to hold and save the Government free
from damages as provided herein in Article VIII.
ARTICLE XV - NOTICES
a. All notices, requests, demands, and other communications required or permitted to be
given under this Agreement shall be deemed to have been duly given if in writing and delivered
personally, given by prepaid telegram, or mailed by first-class (postage-prepaid), registered, or
certified mail, as follows:
If to the State:
[ADDRESS]
If to the Government:
[ADDRESS]
X-6
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