In-Kind $ This is the current estimated cost for the entire project. It is not a promise to authorize or an authorization to expend funds in this amount. Funding for and authorization to proceed with each phase is as provided in Articles II (C) and III (C)(2). (H) Administration of Project Costs The Participant shall estimate, allocate, accumulate, record and report project costs separately for each individual phase of work authorized under this Cooperative Agreement. ARTICLE IV - PAYMENT ARTICLE 1 Payment method will be determined at the time of award, consistent with the provisions of 10 CFR 600.112. ( ARTICLE V - PROJECT INFORMATION SYSTEM Reports shall be submitted in accordance with DOE Form 459A, Federal Assistant Reporting Checklist (Attachment C), and other reports as required The Participant shall manage and dispose of all property acquired under the Cooperative Agreement in accordance with 10 CFR 600.117. Title to any and all property (excluding Government furnished property) constructed, fabricated, installed, furnished, or procured by or on behalf of the Participant in connection with the performance of the work under this Cooperative Agreement shall be vested in the Participant and shall remain his property. However, any proceeds derived from the disposition of any property acquired under the Cooperative Agreement will be shared by the Government and the Participant in accordance with Article III (D). This Cooperative Agreement may be terminated in whole, or in part, by the mutual agreement of the parties. Mutual termination may occur at any time, but must be in writing and approved by the DOE Contracting Officer and an authorized representative of the Participant. (B) Termination for Default The DOE may terminate this Cooperative Agreement for default in whole, or in part, if the Participant fails to comply with any of its terms and conditions. A default determination shall be subject to the Disputes and Appeals provisions of 10 CFR 600.26. The DOE Contracting Officer shall terminate by delivering to the Participant a written Notice of Termination. (C) Withdrawal Either party may unilaterally withdraw from this project at the completion of any phase. Such withdrawal shall occur either by a decision of the Parti cipant not to submit a continuation application or a decision by DOE not to approve such application. Such withdrawal shall be at no additional cost to either party beyond their respective individual project cost shares at the Pursuant to the clause entitled, "Key Personnel" in the General Provisions (Attachment B), the Participant's "Key Personnel" are as follows: The clause entitled "Key Personnel" contains a requirement for notification to the DOE Contracting Officer reasonably in advance of diverting of, or substitution for, any of these individuals. That period of time shall not be less than thirty (30) days. ARTICLE IX PUBLIC INFORMATION RELEASE The Participant shall coordinate in advance with the DOE Contracting Officer on all Public Information Releases to be issued by the participant concerning work performed under this Cooperative Agreement. Such Public Information Releases shall not be issued without prior approval from the DOE Contracting Officer or the COTR. ARTICLE X - DESIGNATION OF THE DOE CONTRACTING OFFICER'S REPRESENTATIVES The inspection and acceptance of all reports and other deliverables to be provided under this Cooperative Agreement shall be accomplished by the DOE Contracting Officer or his duly designated Government representative. ARTICLE XI - INSURANCE AND INDEMNITY The Participant shall procure and thereafter maintain workmen's compensation, employer's liability, comprehensive general liability (bodily injury), and comprehensive automobile liability (bodily injury and property damage) in surance, and such other insurance coverage as approved by the Contracting Officer with respect to performance under this Cooperative Agreement. Provided, that the Participant may with the approval of the DOE Contracting Officer maintain a self-insurance program: And provided further, That with respect to workmen's compensation the Participant is qualified pursuant to statutory authority. All insurance required pursuant to the provisions of this paragraph shall be in such form, in such amounts, and for such periods of time as the DOE Contracting Officer may approve, and with insurers approved by the DOE Contracting Officer. |