Flow Down Provisions. Grantee must include any applicable provisions of the Contract in all subcontracts based on the scope and magnitude of work to be performed by such Subcontractor. Any necessary terms will be modified appropriately to preserve the State's rights under the Contract.
Flow Down Provisions. Contractor must include any applicable provisions of the Contract in all subcontracts based on the scope and magnitude of Work to be performed by such Subcontractor. Any necessary terms will be modified appropriately to preserve the State's rights under the Contract.
Flow Down Provisions. Grantee must include any applicable provisions of the Contract in all subcontracts based on the scope and magnitude of work to be performed by such Subcontractor. Any necessary terms will be modified appropriately to preserve the State's rights under the Contract. MODIFICATIONS TO HHS UNIFORM TERMS AND CONDITIONS (GOVERNMENTAL ENTITY)
1. Article III, Section 3.4, relating to “Refunds and Overpayments,” is hereby deleted.
2. Article VII, relating to “Record Retention, Audit, and Confidentiality,” is hereby deleted
3. Article VIII, relating to “Contract Remedies and Early Termination,” is hereby deleted.
4. Article IX, Section 9.2, relating to “Insurance,” is hereby deleted.
5. Article IX, Section 9.3(C)(iii), relating to “Limitation on Authority,” is hereby deleted.
6. Article IX, Section 9.8, relating to “Subcontractors,” is hereby amended and restated as follows: Subcontracts, if any, entered into by the Performing Agency shall be in writing and be subject to the requirements of the Contract. Should Performing Agency subcontract any of the services required in the Contract, Performing Agency expressly understands and acknowledges that in entering into such subcontract(s), System Agency is in no manner liable to any subcontractor(s) of Performing Agency. In no event shall this provision relieve Performing Agency of the responsibility for ensuring that the services performed under all subcontracts are rendered in compliance with the Contract.
7. Article IX, Section 9.14, relating to “Dispute Resolution,” is hereby deleted.
8. Article IX, Section 9.16, relating to “Media Releases,” is hereby deleted.
9. Article IX, Section 9.17, relating to “No Marketing Activities,” is hereby deleted. 1. HHSC Contract No. HHS000874100018 Page 1 of 1 Attachment D
ARTICLE I. DEFINITIONS AND INTERPRETIVE PROVISIONS 5 1.1 DEFINITIONS 5 1.2 INTERPRETIVE PROVISIONS 6 ARTICLE II. PAYMENT PROVISIONS 7 2.1 PAYMENT 7 2.2 ANCILLARY AND TRAVEL EXPENSES 7 2.3 NO QUANTITY GUARANTEES 7 2.4 TAXES 7 ARTICLE III. STATE AND FEDERAL FUNDING 8 3.1 EXCESS OBLIGATIONS PROHIBITED 8
Flow Down Provisions. The Grantee shall include provisions to carry out the purposes of this Agreement in all contracts or grant agreements with persons who perform any part of the work under this Agreement. There shall be provisions for a further flow down of such requirements to each sub-tier contractor or grantee as required.
Flow Down Provisions. The TCIA is funded in whole or in part with Federal funds from the National Cancer Institute, National Institutes of Health, under Contract No. 75N91019D00024. Organization acknowledges and agrees that the U.S. Government may have rights in the Submission Data and Curated Submission Data.
Flow Down Provisions. Any subcontract entered into that exceeds $10,000 as a result of this CONTRACT shall contain the following provisions of this Contract:
Flow Down Provisions. The Grantee will ensure persons or entities that perform any part of the work under this Agreement, including Subrecipients, as defined in 2 C.F.R. § 200.93, or Contractors, as defined in 2 C.F.R. § 200.23, will comply with applicable federal requirements and federal guidance, and the applicable requirements of this Agreement. Grantee agrees that flowing down such requirements does not relieve it of any obligation to comply with the requirements itself. For each of the Grantee’s subawards or contracts to perform all or part of the work under this Agreement:
a. The Grantee must include applicable grant regulations in the subaward or contract and ensure compliance with these provisions, including applicable provisions of 2 C.F.R. Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, and DOT’s implementing regulations at 2 C.F.R. Part 1201 See 2 C.F.R. § 200.101.
b. The Grantee must include applicable federal statutory and regulatory requirements in the subaward or contract and ensure compliance with these requirements, including applicable limitations on use of federal funds.
c. The Grantee must include any other applicable requirements of this Agreement in the subaward or contract and ensure compliance with these requirements.
d. There will be provisions for the further flow down of the regulations and requirements in subsections (A) and (B) of this section to each subsequent subaward or subcontract, as required.
Flow Down Provisions. The Contractor agrees to assume, as to ASTHO, the same obligations and responsibilities that ASTHO assumes toward the Concerned Funding Agency under those Federal Acquisition Regulations (FAR), if any, and applicable Concerned Funding Agency acquisition regulations, if any, that are mandated by their own terms or other law or regulation to flow-down to subcontractors or subgrantees, and therefore the Agreement incorporates by reference, and the Contractor is subject to, all such mandatory flow-down clauses. Such clauses, however, shall not be construed as bestowing any rights or privileges on the Contractor beyond what is allowed by or provided for in the Agreement, or as limiting any rights or privileges of ASTHO otherwise allowed by or provided for in the Agreement. The Contractor also agrees to flow-down these same provisions to any lower-tier subcontractors. This Agreement incorporates one or more FAR clauses by reference, with the same force and effect as if they were given in full context. The incorporation of the FAR clauses applies only to the grant funding identified in this Agreement.
Flow Down Provisions. Contractor shall require all Auditable Subcontractors to comply with the provisions of this Article 19, by insertion of this “Right to Audit” clause (Sections 19.1 through 19.7 inclusive) into each respective related subcontract and purchase order of all tiers relating to the Work. Owner shall have the right (but not obligation) to act as Contractor’s authorized representative for the purpose of conducting audits in accordance with this Article 19 of all accounting and Project-related records in the possession of all Auditable Subcontractors. It is specifically understood, however, that Owner has no contractual relationship with any Subcontractor or Vendor of any tier. Likewise, it shall remain the Contractor’s financial and contractual responsibility to resolve all such issues with its Subcontractors or Vendors. No such audit or activity by Owner or Owner’s Lenders shall release Contractor or any Subcontractor from, or waive, any of Contractor’s or any Subcontractor’s obligations under the Contract Documents. Notwithstanding the provisions of this Article 19, Owner’s and Owner’s Lenders’ right to audit as to Subcontractors with subcontracts on a lump sum basis shall be limited solely to those instances where there is an allegation of fraud or similar misconduct involving such Subcontractor.
Flow Down Provisions. Any subcontract, of any tier entered into by the prime consultant as a result of this Agreement shall be written, executed subsequent to the prime consultant executing its contract with SCAG within a reasonable time, and shall contain the following provisions of this Agreement: