Common use of Inclusion of clause in subcontracts Clause in Contracts

Inclusion of clause in subcontracts. The Contractor agrees to include the substance of this clause in subcontracts at any tier that cover or are likely to cover subject matter classified for reasons of security. Termination for Cause (cl. ci-67 - Feb 2007)‌ Battelle may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide Battelle, upon request, with adequate assurances of future performance. In the event of termination for cause, Battelle shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to Battelle for any and all rights and remedies provided by law. If it is determined that Battelle improperly terminated this contract for default, such termination shall be deemed a termination for convenience. Termination for Convenience (cl. ci-68 - Feb 2007)‌ Battelle reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percent- age of the work performed prior to the notice of termina- tion, plus reasonable charges the Contractor can demonstrate to the satisfaction of Battelle using its stand- ard record keeping system, have resulted from the termi- nation. The Contractor shall not be required to comply with the cost accounting standards or contract cost princi- ples for this purpose. This paragraph does not give ▇▇▇- ▇▇▇▇▇ or the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided. Excusable Delays (cl. ci-69 - Feb 2007)‌ The Contractor shall be liable for default unless nonperfor- ▇▇▇▇▇ is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negli- gence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual ca- pacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Battelle Contracts Representative in writing as soon as it is reasonably possi- ble after the commencement of any excusable delay, set- ting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Battelle Contracts Representative of the cessation of such occurrence. Such an excusable delay may result in an extension of the con- tract completion date but will not result in additional fund- ing. Suspect Material (cl. QA-179 – Aug 2011)‌ The Contractor shall assure that all products delivered on this contract do not contain suspect/counterfeit parts as indicated in the S/CI Awareness Training Manual (PDF) ▇▇▇▇://▇▇▇▇▇▇.▇▇▇/sites/prod/files/2014/06/f16/SCI_Traini ng_Manual.pdf. If suspect/counterfeit parts are discovered, this may be cause for rejection of the entire shipment and will be reported to the U.S. Department of Energy, Office of Inspector General for possible investigation. The discrepant product(s) will be returned at the Contractor’s expense. In addition, the contract may be terminated for default. Insurance Requirements (cl. 378 - Apr 2017)‌ A. Contractor shall purchase and maintain during the term of this Contract, at its own expense, and any ex- tensions thereof, insurance in amounts reasonable and customary for the industry in which Contractor is engaged. Contractor shall maintain all insurance which is required by any law, statute, ordinance, or regulation of any jurisdiction having authority in whole or in part over the Contractor’s operations or Contract activities, including without limitation any non-U.S. jurisdictions. Nevertheless, the following minimum insurance coverage shall be maintained:

Appears in 6 contracts

Sources: General Provisions, General Provisions, General Provisions

Inclusion of clause in subcontracts. The Contractor agrees to include the substance of this clause in subcontracts at any tier that cover or are likely to cover subject matter classified for reasons of security. Termination for Cause (cl. ci-67 - Feb 2007)‌ Battelle may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide Battelle, upon request, with adequate assurances of future performance. In the event of termination for cause, Battelle shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to Battelle for any and all rights and remedies provided by law. If it is determined that Battelle improperly terminated this contract for default, such termination shall be deemed a termination for convenience. Termination for Convenience (cl. ci-68 - Feb 2007)‌ Battelle reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percent- age of the work performed prior to the notice of termina- tion, plus reasonable charges the Contractor can demonstrate to the satisfaction of Battelle ▇▇▇▇▇▇▇▇ using its stand- ard record keeping system, have resulted from the termi- nation. The Contractor shall not be required to comply with the cost accounting standards or contract cost princi- ples for this purpose. This paragraph does not give ▇▇▇- ▇▇▇▇▇ or the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided. Excusable Delays (cl. ci-69 - Feb 2007)‌ The Contractor shall be liable for default unless nonperfor- ▇▇▇▇▇ is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negli- gence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual ca- pacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Battelle Contracts Representative in writing as soon as it is reasonably possi- ble after the commencement of any excusable delay, set- ting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Battelle Contracts Representative of the cessation of such occurrence. Such an excusable delay may result in an extension of the con- tract completion date but will not result in additional fund- ing. Suspect Material (cl. QA-179 – Aug 2011)‌ The Contractor shall assure that all products delivered on this contract do not contain suspect/counterfeit parts as indicated in the S/CI Awareness Training Manual (PDF) ▇▇▇▇://▇▇▇▇▇▇.▇▇▇/sites/prod/files/2014/06/f16/SCI_Traini ng_Manual.pdf. If suspect/counterfeit parts are discovered, this may be cause for rejection of the entire shipment and will be reported to the U.S. Department of Energy, Office of Inspector General for possible investigation. The discrepant product(s) will be returned at the Contractor’s expense. In addition, the contract may be terminated for default. Insurance Requirements (cl. 378 - Apr 2017)‌ A. Contractor shall purchase and maintain during the term of this Contract, at its own expense, and any ex- tensions thereof, insurance in amounts reasonable and customary for the industry in which Contractor is engaged. Contractor shall maintain all insurance which is required by any law, statute, ordinance, or regulation of any jurisdiction having authority in whole or in part over the Contractor’s operations or Contract activities, including without limitation any non-U.S. jurisdictions. Nevertheless, the following minimum insurance coverage shall be maintained:

Appears in 1 contract

Sources: General Provisions

Inclusion of clause in subcontracts. The Contractor agrees to include the substance of this clause in subcontracts at any tier that cover or are likely to cover subject matter classified for reasons of security. Termination for Cause (cl. ci-67 - Feb 2007)‌ Battelle may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide Battelle, upon request, with adequate assurances of future performance. In the event of termination for cause, Battelle shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to Battelle for any and all rights and remedies provided by law. If it is determined that Battelle improperly terminated this contract for default, such termination shall be deemed a termination for convenience. Termination for Convenience (cl. ci-68 - Feb 2007)‌ Battelle reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percent- age percentage of the work performed prior to the notice of termina- tiontermination, plus reasonable charges the Contractor can demonstrate to the satisfaction of Battelle using its stand- ard standard record keeping system, have resulted from the termi- nationtermination. The Contractor shall not be required to comply with the cost accounting standards or contract cost princi- ples principles for this purpose. This paragraph does not give ▇▇▇- ▇▇▇▇▇ Battelle or the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided. Excusable Delays (cl. ci-69 - Feb 2007)‌ The Contractor shall be liable for default unless nonperfor- ▇▇▇▇▇ nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negli- gence negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual ca- pacitycapacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Battelle Contracts Representative in writing as soon as it is reasonably possi- ble possible after the commencement of any excusable delay, set- ting setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Battelle Contracts Representative of the cessation of such occurrence. Such an excusable delay may result in an extension of the con- tract contract completion date but will not result in additional fund- ingfunding. Suspect Material (cl. QA-179 – Aug 2011)‌ The Contractor shall assure that all products delivered on this contract do not contain suspect/counterfeit parts as indicated in the S/CI Awareness Training Manual (PDF) ▇▇▇▇://▇▇▇.▇▇▇.▇▇▇/sites▇▇▇.▇▇▇/CSA/prodCSP/files/2014/06sci/f16/SCI_Traini ng_Manual.pdfSCIAwarenessTr ainingManual062007.pdf. If suspect/counterfeit parts are discovered, this may be cause for rejection of the entire shipment and will be reported to the U.S. Department of Energy, Office of Inspector General for possible investigation. The discrepant product(s) will be returned at the Contractor’s expense. In addition, the contract may be terminated for default. Insurance Requirements (cl. 378 - Apr 2017)‌378, June 2011)‌ A. Contractor shall purchase and maintain during the term of this Contract, at its own expense, and any ex- tensions extensions thereof, insurance in amounts reasonable and customary for the industry in which Contractor is engaged. Contractor shall maintain all insurance which is required by any law, statute, ordinance, or regulation of any jurisdiction having authority in whole or in part over the Contractor’s operations or Contract activities, including without limitation any non-U.S. jurisdictions. Nevertheless, the following minimum insurance coverage shall be maintained:

Appears in 1 contract

Sources: General Provisions

Inclusion of clause in subcontracts. The Contractor agrees to include the substance of this clause in subcontracts at any tier that cover or are likely to cover subject matter classified for reasons of security. Termination for Cause (cl. ci-67 - Feb 2007)‌ Battelle may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide Battelle, upon request, with adequate assurances of future performance. In the event of termination for cause, Battelle shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to Battelle for any and all rights and remedies provided by law. If it is determined that Battelle improperly terminated this contract for default, such termination shall be deemed a termination for convenience. Termination for Convenience (cl. ci-68 - Feb 2007)‌ Battelle reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percent- age percentage of the work performed prior to the notice of termina- tiontermination, plus reasonable charges the Contractor can demonstrate to the satisfaction of Battelle using its stand- ard standard record keeping system, have resulted from the termi- nationtermination. The Contractor shall not be required to comply with the cost accounting standards or contract cost princi- ples principles for this purpose. This paragraph does not give ▇▇▇- ▇▇▇▇▇ Battelle or the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided. Excusable Delays (cl. ci-69 - Feb 2007)‌ The Contractor shall be liable for default unless nonperfor- ▇▇▇▇▇ nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negli- gence negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual ca- pacitycapacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Battelle Contracts Representative in writing as soon as it is reasonably possi- ble possible after the commencement of any excusable delay, set- ting setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Battelle Contracts Representative of the cessation of such occurrence. Such an excusable delay may result in an extension of the con- tract contract completion date but will not result in additional fund- ingfunding. Suspect Material (cl. QA-179 – Aug 2011)‌ The Contractor shall assure that all products delivered on this contract do not contain suspect/counterfeit parts as indicated in the S/CI Awareness Training Manual (PDF) ▇▇▇▇://▇▇▇▇▇▇.▇▇▇/sites/prod/files/2014/06/f16/SCI_Traini ng_Manual.pdf. If suspect/counterfeit parts are discovered, this may be cause for rejection of the entire shipment and will be reported to the U.S. Department of Energy, Office of Inspector General for possible investigation. The discrepant product(s) will be returned at the Contractor’s expense. In addition, the contract may be terminated for default. Insurance Requirements (cl. 378 - Apr 2017)‌378, Nov 2014)‌ A. Contractor shall purchase and maintain during the term of this Contract, at its own expense, and any ex- tensions extensions thereof, insurance in amounts reasonable and customary for the industry in which Contractor is engaged. Contractor shall maintain all insurance which is required by any law, statute, ordinance, or regulation of any jurisdiction having authority in whole or in part over the Contractor’s operations or Contract activities, including without limitation any non-U.S. jurisdictions. Nevertheless, the following minimum insurance coverage shall be maintained:

Appears in 1 contract

Sources: General Provisions

Inclusion of clause in subcontracts. The Contractor agrees to include the substance of this clause in subcontracts at any tier that cover or are likely to cover subject matter classified for reasons of security. Termination for Cause (cl. ci-67 - Feb 2007)‌ Battelle may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide Battelle, upon request, with adequate assurances of future performance. In the event of termination for cause, Battelle shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to Battelle for any and all rights and remedies provided by law. If it is determined that Battelle improperly terminated this contract for default, such termination shall be deemed a termination for convenience. Termination for Convenience (cl. ci-68 - Feb 2007)‌ Battelle reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percent- age of the work performed prior to the notice of termina- tion, plus reasonable charges the Contractor can demonstrate to the satisfaction of Battelle using its stand- ard record keeping system, have resulted from the termi- nation. The Contractor shall not be required to comply with the cost accounting standards or contract cost princi- ples for this purpose. This paragraph does not give ▇▇▇- ▇▇▇▇▇ or the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided. Excusable Delays (cl. ci-69 - Feb 2007)‌ The Contractor shall be liable for default unless nonperfor- ▇▇▇▇▇ is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negli- gence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual ca- pacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Battelle Contracts Representative in writing as soon as it is reasonably possi- ble after the commencement of any excusable delay, set- ting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Battelle Contracts Representative of the cessation of such occurrence. Such an excusable delay may result in an extension of the con- tract completion date but will not result in additional fund- ing. Suspect Material (cl. QA-179 – Aug 2011)‌ July 2014)‌ The Contractor shall assure that all products delivered on this contract do not contain suspect/counterfeit parts as indicated in the S/CI Awareness Training Manual (PDF) ▇▇▇▇://▇▇▇▇▇▇.▇▇▇/sites/prod/files/2014/06/f16/SCI_Traini ng_Manual.pdf. If suspect/counterfeit parts are discovered, this may be cause for rejection of the entire shipment and will be reported to the U.S. Department of Energy, Office of Inspector General for possible investigation. The discrepant product(s) will be returned at the Contractor’s expense. In addition, the contract may be terminated for default. Insurance Requirements (cl. 378 - Apr 2017)‌ A. Contractor shall purchase and maintain during the term of this Contract, at its own expense, and any ex- tensions thereof, insurance in amounts reasonable and customary for the industry in which Contractor is engaged. Contractor shall maintain all insurance which is required by any law, statute, ordinance, or regulation of any jurisdiction having authority in whole or in part over the Contractor’s operations or Contract activities, including without limitation any non-U.S. jurisdictions. Nevertheless, the following minimum insurance coverage shall be maintained:

Appears in 1 contract

Sources: General Provisions

Inclusion of clause in subcontracts. The Contractor agrees to include the substance of this clause in subcontracts at any tier that cover or are likely to cover subject matter classified for reasons of security. Termination for Cause (cl. ci-67 - Feb 2007)‌ 2007) Battelle may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide Battelle, upon request, with adequate assurances of future performance. In the event of termination for cause, Battelle shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to Battelle for any and all rights and remedies provided by law. If it is determined that Battelle improperly terminated this contract for default, such termination shall be deemed a termination for convenience. Termination for Convenience (cl. ci-68 - Feb 2007)‌ 2007) Battelle reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percent- age percentage of the work performed prior to the notice of termina- tiontermination, plus reasonable charges the Contractor can demonstrate to the satisfaction of Battelle using its stand- ard standard record keeping system, have resulted from the termi- nationtermination. The Contractor shall not be required to comply with the cost accounting standards or contract cost princi- ples principles for this purpose. This paragraph does not give ▇▇▇- ▇▇▇▇▇ Battelle or the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided. Excusable Delays (cl. ci-69 - Feb 2007)‌ 2007) The Contractor shall be liable for default unless nonperfor- ▇▇▇▇▇ nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negli- gence negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual ca- pacitycapacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Battelle Contracts Representative in writing as soon as it is reasonably possi- ble possible after the commencement of any excusable delay, set- ting setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Battelle Contracts Representative of the cessation of such occurrence. Such an excusable delay may result in an extension of the con- tract contract completion date but will not result in additional fund- ingfunding. Suspect Material (cl. QA-179 – Aug 2011)‌ 2011) The Contractor shall assure that all products delivered on this contract do not contain suspect/counterfeit parts as indicated in the S/CI Awareness Training Manual (PDF) ▇▇▇▇://▇▇▇.▇▇▇.▇▇▇/sites▇▇▇.▇▇▇/CSA/prodCSP/files/2014/06sci/f16/SCI_Traini ng_Manual.pdfSCIAwarenessTr ainingManual062007.pdf. If suspect/counterfeit parts are discovered, this may be cause for rejection of the entire shipment and will be reported to the U.S. Department of Energy, Office of Inspector General for possible investigation. The discrepant product(s) will be returned at the Contractor’s expense. In addition, the contract may be terminated for default. Insurance Requirements (cl. 378 - Apr 2017)‌378, June 2011) A. Contractor shall purchase and maintain during the term of this Contract, at its own expense, and any ex- tensions extensions thereof, insurance in amounts reasonable and customary for the industry in which Contractor is engaged. Contractor shall maintain all insurance which is required by any law, statute, ordinance, or regulation of any jurisdiction having authority in whole or in part over the Contractor’s operations or Contract activities, including without limitation any non-U.S. jurisdictions. Nevertheless, the following minimum insurance coverage shall be maintained:

Appears in 1 contract

Sources: General Provisions

Inclusion of clause in subcontracts. The Contractor agrees to include the substance of this clause in subcontracts at any tier that cover or are likely to cover subject matter classified for reasons of security. Termination for Cause (cl. ci-67 - Feb 2007)‌ 2007) Battelle may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide Battelle, upon request, with adequate assurances of future performance. In the event of termination for cause, Battelle shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to Battelle for any and all rights and remedies provided by law. If it is determined that Battelle improperly terminated this contract for default, such termination shall be deemed a termination for convenience. Termination for Convenience (cl. ci-68 - Feb 2007)‌ 2007) Battelle reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percent- age percentage of the work performed prior to the notice of termina- tiontermination, plus reasonable charges the Contractor can demonstrate to the satisfaction of Battelle using its stand- ard standard record keeping system, have resulted from the termi- nationtermination. The Contractor shall not be required to comply with the cost accounting standards or contract cost princi- ples principles for this purpose. This paragraph does not give ▇▇▇- ▇▇▇▇▇ Battelle or the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided. Excusable Delays (cl. ci-69 - Feb 2007)‌ 2007)‌‌ The Contractor shall be liable for default unless nonperfor- ▇▇▇▇▇ nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negli- gence negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual ca- pacitycapacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Battelle Contracts Representative in writing as soon as it is reasonably possi- ble possible after the commencement of any excusable delay, set- ting setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Battelle Contracts Representative of the cessation of such occurrence. Such an excusable delay may result in an extension of the con- tract contract completion date but will not result in additional fund- ingfunding. Suspect Material (cl. QA-179 – Aug 2011)‌ The Contractor shall assure that all products delivered on this contract do not contain suspect/counterfeit parts as indicated in the S/CI Awareness Training Manual (PDF) ▇▇▇▇://▇▇▇▇▇▇.▇▇▇/sites/prod/files/2014/06/f16/SCI_Traini ng_Manual.pdf. If suspect/counterfeit parts are discoveredEnvironment, this may be cause for rejection of the entire shipment Safety, and will be reported to the U.S. Department of Energy, Office of Inspector General for possible investigation. The discrepant product(s) will be returned at the Contractor’s expense. In addition, the contract may be terminated for default. Insurance Health Requirements (cl. 378 - Apr 2017)‌3113e – Jan 2007) A. In performing work under this contract, the Contractor shall purchase comply with all applicable federal, state and maintain during local environment, safety and health laws and regulations. The Contractor shall also perform work safely, in a manner that provides adequate protection for employees, the term of this Contract, at its own expensepublic, and any ex- tensions thereofthe environment, insurance in amounts reasonable and customary shall be accountable for the industry in which Contractor is engagedsafe performance of work. The Contractor shall maintain all insurance which is required by any lawexercise a degree of care commen-surate with the work and the associated hazards. The Contractor shall ensure that management of environment, statutesafety, ordinance, or regulation and health (ES&H) functions and activities becomes an integral but visible part of any jurisdiction having authority in whole or in part over the Contractor’s operations 's work planning and execution processes.‌ B. For complex or Contract activities, including without limitation any non-U.S. jurisdictions. Neverthelesshazardous work, the following minimum insurance coverage Contractor shall, in the performance of work, ensure that: 1. Personnel possess the experience, knowledge, skills, and abilities that are necessary to discharge their responsibilities, and shall retain records respecting such competency and qualifications, making them available upon request. 2. Resources are effectively allocated to address ES&H, programmatic, and operational considerations. Protecting employees, the public, and the environment is a priority whenever activities are planned and performed. 3. Before work is performed, the associated hazards are evaluated and a set of ES&H standards and requirements are established which, if properly implemented, provide adequate assurance that employees, the public, and the environment are protected from adverse consequences. 4. Administrative and engineering controls to prevent and mitigate hazards are tailored to the work being performed and associated hazards. Emphasis should be maintained:on designing the work and/or controls to reduce or eliminate the hazards and to prevent accidents and unplanned releases and exposures.

Appears in 1 contract

Sources: General Provisions

Inclusion of clause in subcontracts. The Contractor agrees to include the substance of this clause in subcontracts at any tier that cover or are likely to cover subject matter classified for reasons of security. Termination for Cause (cl. ci-67 - Feb 2007)‌ 2007) Battelle may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide Battelle, upon request, with adequate assurances of future performance. In the event of termination for cause, Battelle shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to Battelle for any and all rights and remedies provided by law. If it is determined that Battelle improperly terminated this contract for default, such termination shall be deemed a termination for convenience. Termination for Convenience (cl. ci-68 - Feb 2007)‌ 2007) Battelle reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percent- age of the work performed prior to the notice of termina- tion, plus reasonable charges the Contractor can demonstrate to the satisfaction of Battelle ▇▇▇▇▇▇▇▇ using its stand- ard record keeping system, have resulted from the termi- nation. The Contractor shall not be required to comply with the cost accounting standards or contract cost princi- ples for this purpose. This paragraph does not give ▇▇▇- ▇▇▇▇▇ or the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided. Excusable Delays (cl. ci-69 - Feb 2007)‌ 2007) The Contractor shall be liable for default unless nonperfor- ▇▇▇▇▇ is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negli- gence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual ca- pacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Battelle Contracts Representative in writing as soon as it is reasonably possi- ble after the commencement of any excusable delay, set- ting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Battelle Contracts Representative of the cessation of such occurrence. Such an excusable delay may result in an extension of the con- tract completion date but will not result in additional fund- ing. Suspect Material (cl. QA-179 – Aug 2011)‌ Mar 2024) A. A suspect item is one in which there is an indication by visual inspection, testing, or other information that it may not confirm to established Government or industry-accepted specifications or national consensus standards. A counterfeit item is a suspect item that is a copy or substitute, without legal right or authority to do so, or one whose material, performance, or characteristics are knowingly misrepresented by the vendor, supplier, distributor, or manufacturer. B. The Contractor shall assure contractor warrants that all products delivered on items, including their subassemblies, components, and parts, tendered to PNNL shall be genuine (i.e., not counterfeit), new and unused, and conform to the requirements of this contract, without substitution unless otherwise provided for within this contract do not contain suspect/counterfeit parts as indicated or approved in the S/CI Awareness Training Manual (PDF) ▇▇▇▇://▇▇▇▇▇▇writing by PNNL prior to delivery.▇▇▇/sites/prod/files/2014/06/f16/SCI_Traini ng_Manual.pdf. If suspect/counterfeit parts are discovered C. The contractor further warrants that all components, this may be cause for rejection of the entire shipment and will be reported to the U.S. Department of Energyparts, Office of Inspector General for possible investigation. The discrepant product(s) will be returned at the Contractor’s expense. In addition, the contract may be terminated for default. Insurance Requirements (cl. 378 - Apr 2017)‌ A. Contractor shall purchase and maintain during the term of this Contract, at its own expensematerials, and any ex- tensions thereofsupplies incorporated into PNNL’s facilities or equipment by the contractor, insurance during performance of work at PNNL, shall be genuine, new and unused, and original-equipment- manufacturer items, without substitution unless otherwise provided for within this contract or approved by PNNL in amounts reasonable and customary writing as suitable for the industry in which Contractor is engaged. Contractor shall maintain all insurance which is required by any law, statute, ordinance, or regulation of any jurisdiction having authority in whole or in part over the Contractor’s operations or Contract activities, including without limitation any non-U.S. jurisdictions. Nevertheless, the following minimum insurance coverage shall be maintained:intended purposes prior to use.

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Sources: General Provisions