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2009 - 10-05-09 Regular Meeting
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2009 - 10-05-09 Regular Meeting
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12/14/2009 3:38:38 PM
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12/14/2009 3:36:33 PM
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Admin-Clerk
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Minutes
Committee
Board of Commissioners
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BOOK FaGF 03 <br />32. Contract Closeout <br />Within thirty (30) days from the ending or termination date of the contract, the <br />Contractor will submit to the College a final performance report, financial report, <br />closeout document, and a reimbursement for WIA fiords received in excess of <br />final expenditures. Receipt of the closeout documents will complete all <br />transactions under the contract except for property maintenance, audit and audit <br />resolution. <br />33. Changes <br />Any changes in the terms of this agreement must be in writing and signed by both <br />parties to be effective, except if necessitated by unavailability of or reduction in <br />funding. <br />34. Contracting Period <br />The contracting period shall be as stated in paragraph 3 (Time of performance). In <br />no case, however, shall the contract period exceed one year. <br />35. Termination of the Contract <br />(a) If through any fault of its own, the Contractor shall fail to fulfill in a <br />timely and proper manner its obligations under this contract, or if the <br />Contractor shall violate any of the material covenants, agreements, <br />representations or stipulations of this contract, the College shall have the <br />right to terminate this contract by giving written notice to the Contractor <br />of such termination and specifying the effective date thereof. In such <br />event, all finished documents and other materials collected or produced <br />under this contract shall, at the option of the College, become its property. <br />The Contractor shall be entitled to receivejust and equitable compensation <br />for any work performed in accordance with this contract, except for the <br />extent such work must be duplicated in order to complete the contract. <br />Notwithstanding the foregoing, the Contractor shall not be relieved of <br />liability to the College for damages sustained by the College by virtue of <br />any breach of this contract by the Contractor and the College may <br />withhold payment of any additional sums as security for payment of <br />damages caused by the Contractor's breach, until such time as the exact <br />amount of the damages resulting from such breach is determined. <br />(h) The Contractor shall repay to the College within thirty (30) days of <br />termination of the contract any and all cash advances received which <br />exceed actual expenditures for work performed in accordance with this <br />contract. The Contractor shall work closely with the College in the <br />liquidation of advances and recovery of unexpended fiords. <br />Page 13 of 16 <br />
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