Common use of Awardee's Liability for Federally Clause in Contracts

Awardee's Liability for Federally. owned property 1. Except as otherwise specifically provided, the awardee will not be liable for loss or destruction of or damage to any property purchased or otherwise acquired by it in connection with the award, including Federally-owned property, unless such loss, destruction or damage results from the willful misconduct or lack of good faith on the part of any of the awardee's directors or officers, or on the part of any of her/his managers, superintendents or other equivalent representatives, who have supervision or direction of: (a) all or substantially all of the awardee's business; or (b) all or substantially all of the awardee's operations at any one plant or separate location in which the agreement is being performed; or (c) a separate and complete major industrial operation in connection with the performance of the agreement. 2. Unless specifically authorized by the cognizant NSF Grants and Agreements Officer (note that express statutory authority is required prior to consideration of insuring government property), the awardee will not be reimbursed for the cost of insurance covering loss or destruction of or damage to Federally-owned property. 3. In the event of loss, or destruction of, or damage to Federally-owned property , arising from any cause, the awardee must, to the extent reasonable and practical, promptly notify the cognizant NSF Program Officer, Grants and Agreements Officer and the NSF Property Administrator and take all reasonable steps to protect the property from further damage, separate the damaged and undamaged Federally-owned property, put all the property in the best possible order and furnish to the cognizant NSF Program Officer a statement identifying: (a) The lost, destroyed and damaged Federally-owned property; (b) The time and origin of the loss, destruction or damage; (c) All known interests in commingled property of which the Federally-owned property is a part; and (d) The insurance, if any, covering any part of or interest in such commingled property. 4. The awardee, to the extent reasonable and practical, may make repairs and renovations of damaged Federally-owned property, except that major repairs and renovations must be made only with the approval of the cognizant NSF Program Officer and Grants and Agreements Officer. 5. In the event the awardee is indemnified, reimbursed or otherwise compensated for any loss or destruction or damage to Federally-owned property, it must use the proceeds to repair, renovate or replace the Federally-owned property involved, or must otherwise reimburse the Government, as directed by the cognizant NSF Grants and Agreements Officer. The awardee must do nothing to prejudice the Government's right to recover against third parties for any such loss, destruction or damage and, upon the request of the cognizant NSF Program Officer, must, at the Government’s expense, furnish to the Government all reasonable assistance and cooperation (including the prosecution of suit and the execution of instruments of assignment in favor of the Government) in obtaining recovery. 6. This Article should not be construed as relieving a subrecipient from liability for loss or destruction of or damage to Federally-owned property in its possession or control, except to the extent that the subaward, with the prior written approval of the cognizant NSF Program Officer, may provide for the relief of the subrecipient from such liability. In the absence of such approval, the subaward must contain appropriate provisions requiring the return of all Federally-owned property in the same condition as when received except for reasonable wear and tear or for the utilization of the property in accordance with the provisions of the prime agreement. 7. Where the subrecipient has not been relieved from liability for any loss or destruction of or damage to Federally-owned property, the awardee must enforce the liability of the subrecipient for such loss or destruction of or damage to the Federally-owned property for the benefit of the Government.

Awardee's Liability for Federally. owned property 1. Except as otherwise specifically provided, the awardee will not be liable for loss or destruction of or damage to any Federally-owned property purchased or otherwise acquired by it in connection with the award, including Federally-owned property, award unless such loss, destruction or damage results from the willful misconduct or lack of good faith on the part of any of the awardee's directors or officers, or on the part of any of her/his managers, superintendents or other equivalent representatives, who have supervision or direction of: (a) all or substantially all of the awardee's business; , or (b) all or substantially all of the awardee's operations at any one plant or separate location in which the agreement is being performed; , or (c) a separate and complete major industrial operation in connection with the performance of the agreement. 2. Unless specifically authorized by the cognizant NSF Grants and Agreements Officer (note that express statutory authority is required prior to consideration of insuring government property), the awardee will not be reimbursed for the cost of insurance covering loss or destruction of or damage to Federally-owned property. 3. In the event of loss, or destruction of, or damage to Federally-owned property , arising from any cause, the awardee must, to the extent reasonable and practical, promptly notify the cognizant NSF Program Officer, Grants and Agreements Officer and the NSF Property Administrator using the NSF's Central Property Inventory Repository (CPIR) system, and take all reasonable steps to protect the property from further damage, separate the damaged and undamaged Federally-owned property, put all the property in the best possible order and furnish to the cognizant NSF Program Officer a statement identifying: (a) The lost, destroyed and damaged Federally-owned property; (b) The time and origin of the loss, destruction or damage; (c) All known interests in commingled property of which the Federally-owned property is a part; and (d) The insurance, if any, covering any part of or interest in such commingled property. 4. The awardee, to the extent reasonable and practical, may make repairs and renovations of damaged Federally-owned property, except that major repairs and renovations must be made only with the approval of the cognizant NSF Program Officer and Grants and Agreements Officer. 5. In the event the awardee is indemnified, reimbursed reimbursed, or otherwise compensated for any loss or destruction or damage to Federally-owned property, it must use the proceeds to repair, renovate or replace the Federally-owned property involved, or must otherwise reimburse the Government, as directed by the cognizant NSF Grants and Agreements Officer. The awardee must do nothing to prejudice the Government's right to recover against third parties for any such loss, destruction or damage and, upon the request of the cognizant NSF Program Grants and Agreements Officer, must, at the Government’s expense, furnish to the Government all reasonable assistance and cooperation (including the prosecution of suit and the execution of instruments of assignment in favor of the Government) in obtaining recovery. 6. This Article should not be construed as relieving a subrecipient from liability for loss or destruction of or damage to Federally-owned property in its possession or control, except to the extent that the subaward, with the prior written approval of the cognizant NSF Program Grants and Agreements Officer, may provide for the relief of the subrecipient from such liability. In the absence of such approval, the subaward must contain appropriate provisions requiring the return of all Federally-Federally- owned property in the same condition as when received except for reasonable wear and tear or for the utilization of the property in accordance with the provisions of the prime agreement. 7. Where the subrecipient has not been relieved from liability for any loss or destruction of or damage to Federally-owned property, the awardee must enforce the liability of the subrecipient for such loss or destruction of or damage to the Federally-owned property for the benefit of the Government.

Awardee's Liability for Federally. owned property 1. Except as otherwise specifically provided, the awardee will not be liable for loss or destruction of or damage to any property purchased or otherwise acquired by it in connection with the award, including Federally-owned property, unless such loss, destruction or damage results from the willful misconduct or lack of good faith on the part of any of the awardee's directors or officers, or on the part of any of her/his managers, superintendents or other equivalent representatives, who have supervision or direction of: (a) all or substantially all of the awardee's business; business or (b) all or substantially all of the awardee's operations at any one plant or separate location in which the agreement is being performed; performed or (c) a separate and complete major industrial operation in connection with the performance of the agreement. 2. Unless specifically authorized by the cognizant NSF Grants and Agreements Officer (note that express statutory authority is required prior to consideration of insuring government property), the awardee will not be reimbursed for the cost of insurance covering loss or destruction of or damage to Federally-owned property. 3. In the event of loss, or destruction of, or damage to Federally-owned property , arising from any cause, the awardee must, to the extent reasonable and practical, promptly notify the cognizant NSF Program Officer, Grants and Agreements Officer and the NSF Property Administrator and take all reasonable steps to protect the property from further damage, separate the damaged and undamaged Federally-owned property, put all the property in the best possible order and furnish to the cognizant NSF Program Officer a statement identifying: (a) The lost, destroyed and damaged Federally-owned property; (b) The time and origin of the loss, destruction or damage; (c) All known interests in commingled property of which the Federally-owned property is a part; and (d) The insurance, if any, covering any part of or interest in such commingled property. 4. The awardee, to the extent reasonable and practical, may make repairs and renovations of damaged Federally-owned property, except that major repairs and renovations must be made only with the approval of the cognizant NSF Program Officer and Grants and Agreements Officer. 5. In the event the awardee is indemnified, reimbursed or otherwise compensated for any loss or destruction or damage to Federally-owned property, it must use the proceeds to repair, renovate or replace the Federally-owned property involved, or must otherwise reimburse the Government, as directed by the cognizant NSF Grants and Agreements Officer. The awardee must do nothing to prejudice the Government's right to recover against third parties for any such loss, destruction or damage and, upon the request of the cognizant NSF Program Officer, must, at the Government’s expense, furnish to the Government all reasonable assistance and cooperation (including the prosecution of suit and the execution of instruments of assignment in favor of the Government) in obtaining recovery. 6. This Article should not be construed as relieving a subrecipient from liability for loss or destruction of or damage to Federally-owned property in its possession or control, except to the extent that the subaward, with the prior written approval of the cognizant NSF Program Officer, may provide for the relief of the subrecipient from such liability. In the absence of such approval, the subaward must contain appropriate provisions requiring the return of all Federally-owned property in the same condition as when received except for reasonable wear and tear or for the utilization of the property in accordance with the provisions of the prime agreement. 7. Where the subrecipient has not been relieved from liability for any loss or destruction of or damage to Federally-owned property, the awardee must enforce the liability of the subrecipient for such loss or destruction of or damage to the Federally-owned property for the benefit of the Government.