AIMS System and Services Agreement Page 22 of 60
9.1.5 If it appears during the progress of services under a Work Authorization
(and in no event later than seventy-five percent (75%) of task completion)
that the actual costs may exceed the amounts established by the Work
Authorization, Contractor shall immediately submit to the Contract
Administrator a written request for additional compensation accompanied
by substantiation of costs. The Contract Administrator shall determine
whether the request is reasonable under the circumstances. The amount
set forth in any Work Authorization shall not be exceeded, except pursuant
to a written amendment to the Work Authorization. When changes in the
services to be provided under a Work Authorization are required by the
Contract Administrator or requested by the Contractor, the Contractor
shall promptly estimate their effect on the cost of the services and on the
schedule for completion, and provide notice thereof in writing to the
Contract Administrator.
9.1.6 For any of the items identified in Exhibit M, the Contract Administrator
may transfer an annual aggregate maximum of thirty percent (30%) of the
initial value of each category to any other category. Notwithstanding the
foregoing, the receiving category may not be increased by the aggregate
amount that is greater than the Director of Aviation's change order
authority (as provided in Section 21.73(c) of the Procurement Code)
unless Board approval is first obtained. Work Authorizations utilizing such
transferred amounts shall be subject to the limitations and requirements
set forth in this Agreement.
9.1.7 The parties acknowledge that Final Acceptance of the System shall not
occur until all issued Work Authorizations have been completed. The
deliverables under all issued Work Authorizations shall be included in the
Preliminary Review(s) and shall be required to satisfy Final Acceptance
criteria, as part of the System. Upon Final Acceptance of the System, no
further Work Authorizations shall be issued.
ARTICLE 10
TERMINATION
10.1 Contractor may terminate the Agreement if County materially breaches any term
of the Agreement and/or fails to pay Contractor any money that is due under the
Agreement, and County fails to cure said breach within sixty (60) calendar days
after Contractor provides County with written notice of said material breach.
10.2 County may terminate the Agreement if Contractor materially breaches any term
of this Agreement, and Contractor fails to cure said breach within sixty (60)
calendar days after County provides Contractor with written notice of said
material breach. An erroneous termination for cause shall be considered a
termination for convenience.
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