RES 235 Draft 01 2008-2010 - Laserfiche WebLink

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Page 5 of 6 Pages property of NRCS, or such records will be made available for use by NRCS upon request. 5. In the event of default, any additional funds required to assure completion of the engineering services described in Section A will be provided in the same ratio as funds are contributed by the parties under the terms of this Agreement. Any excess costs including interest collected from the defaulting contractor will be prorated between the COUNTY and NRCS in the same ratio as funds are contributed under the terms of this Agreement. 6. Additional funds including interest required as a result of a decision of the Contracting Officer or a court judgment in favor of the contractor will be provided in the same ratio as funds are contributed under the terms of this Agreement. NRCS will not be obligated to contribute any funds under an Agreement or commitment made by the COUNTY without prior concurrence of NRCS. 7. NRCS may terminate this Agreement in whole or in part if it is determined by NRCS that the COUNTY has failed to comply with any of the conditions of this Agreement. NRCS shall promptly notify the COUNTY in writing of the determination and reasons for the termination, together with the effective dates. Payments made by or recoveries made by NRCS under this termination shall be in accordance with the legal rights and in part if it is determined by the COUNTY that any other party to this Agreement has failed to comply with any condition of this Agreement. 8. This Agreement may be temporarily suspended by NRCS if NRCS determines that corrective action by the COUNTY is needed to meet the provision of this Agreement. Further, NRCS may suspend this Agreement when it is evident that a termination is pending. 9. NRCS, at its sole discretion, may refuse to cost share should the COUNTY, in administering the contract, elect to proceed without obtaining concurrence as set out in Section B of this Agreement. 10. The furnishing of financial and other assistance by NRCS is contingent upon the continuing availability of appropriations by Congress from which payment may be made and shall not obligate NRCS if Congress fails to so appropriate. 11. This Agreement may be renegotiated, amended, extended, or modified by a written amendment as mutually agreed by all parties. 12. By signing this Agreement the COUNTY assures NRCS that the program or activities provided for under this Agreement will be conducted in compliance with all applicable Federal civil rights laws, rules, regulations, and policies. 13. Whenever this Agreement requires concurrence of NRCS, if NRCS has failed to concur or not concur within fourteen (14) calendar days after the request for NRCS for concurrence, it shall be deemed a concurrence.