Common use of Consortium Administration Clause in Contracts

Consortium Administration. (a) The Government and the Consortium, through the CM, are bound to each other by a duty of good faith and best effort to achieve the objectives of this Agreement. This Agreement is not intended to be, nor shall it be construed as, by implication or otherwise, a partnership, a corporation, or other business organization. (b) The Consortium shall establish a CMA and operate in accordance with its terms and conditions. (c) In accordance with the Consortium’s CMA, or any other administration agreement between the Consortium, its members, and its CM of record, the CM will act on behalf of the Consortium in executing this Agreement, and any future modifications to it. All financial transactions between the Government and the Consortium, including payment, will be made via the CM. The CM will subsequently disburse funds to the prototype project recipient. (d) The CM shall accomplish the overall management, including reporting, financial and administrative matters, of the coordinated prototype program established under this Agreement. The CM shall be responsible for the overall day-to-day management of Government- selected projects and all prototype projects issued to the Consortium under this Agreement. The CM shall also be responsible for resolving performance issues that occur during performance of this Agreement. (e) If changes are made to the CMA that substantially alter the relationship of the ST&I Consortium (e.g., any restriction of access to prospective prototype project participants (either current or prospective consortium members)), the CM shall notify the Agreements Officer that a substantial change has occurred and provide a copy of the CMA for review and concurrence.