Common use of Termination and Enforcement Clause in Contracts

Termination and Enforcement. ‌ a. Any suspension or termination action taken by NSF must be issued by a cognizant NSF Grants and Agreements Officer and will be in accordance with this article, 2 CFR §200.340, and PAPPG Chapter XII.A. b. The award may be suspended or terminated in whole or in part in any of the following situations: 1. By NSF, if the awardee fails to comply with the terms and conditions of a Federal award; 2. By NSF, to the greatest extent authorized by law, if an award no longer effectuates the program goals or agency priorities; 3. By NSF, with the consent of the awardee, in which case the two parties must agree upon the termination conditions, including the effective date and, in the case of partial termination, the portion to be terminated; 4. By the awardee upon sending to NSF written notification setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if NSF determines in the case of partial termination that the reduced or modified portion of the NSF award will not accomplish the purposes for which the NSF award was made, NSF may terminate the Federal award in its entirety; 5. By NSF, pursuant to termination provisions included in the NSF award; or 6. By NSF, when ordered by the Deputy Director under NSF’s Regulation on Research Misconduct [45 CFR Part 689]. c. Normally, action by NSF to suspend or terminate an award will be taken only after the awardee has been informed by NSF of any deficiency on its part and given an opportunity to correct it; but NSF may immediately suspend or terminate the award without notice when it believes such action is reasonable to protect the interests of the Government. d. No costs incurred during a suspension period or after the effective date of a termination will be allowable, except those costs which, in the opinion of NSF, the awardee could not reasonably avoid or eliminate, or which were otherwise authorized by the suspension or termination notice, provided such costs would otherwise be allowable under the terms of the award and the governing cost principles. e. Within 30 days of the termination date, the awardee will furnish a summary of progress under the award and an itemized accounting of costs incurred prior to the termination date or pursuant to d, above. Final allowable costs under a termination settlement shall be in accordance with the terms of the award, including this article, and the governing cost principles, giving due consideration to the progress under the award. In no event will the total of NSF payments under a terminated award exceed the award amount, or the NSF pro rata share of the total project costs when cost sharing was anticipated, whichever is less. f. When an NSF award is terminated or partially terminated, both NSF and the awardee remain responsible for compliance with the requirements in 2 CFR §§200.344 and 200.345. g. A notice of termination other than by mutual agreement and/or the final settlement amount may be subject to review pursuant to Article 34. h. NSF will report award terminations to the OMB-designated integrity and performance system in accordance with Federal regulation, but only after the awardee has had an opportunity to exhaust the review procedures contained in PAPPG Chapter XII.B. See also Article 15.d. for additional information on FAPIIS.

Appears in 5 contracts

Samples: Cooperative Agreement, Cooperative Agreement, Cooperative Agreement

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Termination and Enforcement. a. Any suspension or termination action taken by NSF must be issued by a cognizant NSF Grants and Agreements Officer and will be in accordance with this article, 2 CFR §200.340, and PAPPG Chapter XII.A. b. The award may be suspended or terminated in whole or in part in any of the following situations: 1. By NSF, if the awardee fails to comply with the terms and conditions of a Federal award; 2. By NSF, to the greatest extent authorized by law, if an award no longer effectuates the program goals or agency priorities; 3. By NSF, with the consent of the awardee, in which case the two parties must agree upon the termination conditions, including the effective date and, in the case of partial termination, the portion to be terminated; 4. By the awardee upon sending to NSF written notification setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if NSF determines in the case of partial termination that the reduced or modified portion of the NSF award will not accomplish the purposes for which the NSF award was made, NSF may terminate the Federal award in its entirety; 5. By NSF, pursuant to termination provisions included in the NSF award; or 6. By NSF, when ordered by the Deputy Director under NSF’s Regulation on Research Misconduct [45 CFR Part 689]. c. Normally, action by NSF to suspend or terminate an award will be taken only after the awardee has been informed by NSF of any deficiency on its part and given an opportunity to correct it; but NSF may immediately suspend or terminate the award without notice when it believes such action is reasonable to protect the interests of the Government. d. No costs incurred during a suspension period or after the effective date of a termination will be allowable, except those costs which, in the opinion of NSF, the awardee could not reasonably avoid or eliminate, or which were otherwise authorized by the suspension or termination notice, provided such costs would otherwise be allowable under the terms of the award and the governing cost principles. e. Within 30 days of the termination date, the awardee will furnish a summary of progress under the award and an itemized accounting of costs incurred prior to the termination date or pursuant to d, above. Final allowable costs under a termination settlement shall be in accordance with the terms of the award, including this article, and the governing cost principles, giving due consideration to the progress under the award. In no event will the total of NSF payments under a terminated award exceed the award amount, or the NSF pro rata share of the total project costs when cost sharing was anticipated, whichever is less. f. When an NSF award is terminated or partially terminated, both NSF and the awardee remain responsible for compliance with the requirements in 2 CFR §§200.344 and 200.345. g. A notice of termination other than by mutual agreement and/or the final settlement amount may be subject to review pursuant to Article 3435. h. NSF will report award terminations to the OMB-designated integrity and performance system in accordance with Federal regulation, but only after the awardee has had an opportunity to exhaust the review procedures contained in PAPPG Chapter XII.B. See also Article 15.d. 15.e for additional information on FAPIIS.

Appears in 2 contracts

Samples: Cooperative Agreement, Cooperative Agreement

Termination and Enforcement. a. Any suspension or termination action taken by NSF must be issued by a cognizant NSF Grants and Agreements Officer and will be in accordance with this article, 2 CFR §200.340, and PAPPG Chapter XII.A. b. The award may be suspended or terminated in whole or in part in any of the following situations: 1. By NSF, if the awardee fails to comply with the terms and conditions of a Federal award; 2. By NSF, to the greatest extent authorized by law, if an award no longer effectuates the program goals or agency priorities; 3. By NSF, with the consent of the awardee, in which case the two parties must agree upon the termination conditions, including the effective date and, in the case of partial termination, the portion to be terminated; 4. By the awardee upon sending to NSF written notification setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if NSF determines in the case of partial termination that the reduced or modified portion of the NSF award will not accomplish the purposes for which the NSF award was made, NSF may terminate the Federal award in its entirety; 5. By NSF, pursuant to termination provisions included in the NSF award; or 6. By NSF, when ordered by the Deputy Director under NSF’s Regulation on Research Misconduct [45 CFR Part 689]. c. Normally, action by NSF to suspend or terminate an award will be taken only after the awardee has been informed by NSF of any deficiency on its part and given an opportunity to correct it; but NSF may immediately suspend or terminate the award without notice when it believes such action is reasonable to protect the interests of the Government. d. No costs incurred during a suspension period or after the effective date of a termination will be allowable, except those costs which, in the opinion of NSF, the awardee could not reasonably avoid or eliminate, or which were otherwise authorized by the suspension or termination notice, provided such costs would otherwise be allowable under the terms of the award and the governing cost principles. e. Within 30 days of the termination date, the awardee will furnish a summary of progress under the award and an itemized accounting of costs incurred prior to the termination date or pursuant to d, above. Final allowable costs under a termination settlement shall be in accordance with the terms of the award, including this article, and the governing cost principles, giving due consideration to the progress under the award. In no event will the total of NSF payments under a terminated award exceed the award amount, or the NSF pro rata share of the total project costs when cost sharing was anticipated, whichever is less. f. When an NSF award is terminated or partially terminated, both NSF and the awardee remain responsible for compliance with the requirements in 2 CFR §§200.344 and 200.345. g. A notice of termination other than by mutual agreement and/or the final settlement amount may be subject to review pursuant to Article 34. h. NSF will report award terminations to the OMB-designated integrity and performance system in accordance with Federal regulation, but only after the awardee has had an opportunity to exhaust the review procedures contained in PAPPG Chapter XII.B. See also Article 15.d. for additional information on FAPIIS.

Appears in 2 contracts

Samples: Cooperative Agreement, Cooperative Agreement

Termination and Enforcement. ‌ a. Any suspension or termination action taken by NSF must be issued by a cognizant NSF Grants and Agreements Officer and will be in accordance with this articleterm and condition, 2 CFR §§ 200.340, and PAPPG Chapter XII.A. b. The award may be suspended or terminated in whole or in part in any of the following situations: 1. By NSF, NSF if the awardee recipient fails to comply with the terms and conditions of a the Federal award; 2. By NSF, to the greatest extent authorized by law, if an award no longer effectuates the program goals or agency priorities; 3. By NSF, NSF with the consent of the awardeerecipient, in which case the two parties must agree upon the termination conditions, including . These conditions include the effective date and, in the case of partial termination, the portion to be terminated; 43. By the awardee recipient upon sending to NSF a written notification setting forth of the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if NSF determines in the case of partial termination that the reduced or modified remaining portion of the NSF award will not accomplish the purposes for which the NSF award was made, the NSF may terminate the Federal award in its entirety; 54. By NSF, pursuant to termination provisions included in NSF if an award no longer effectuates the NSF awardprogram goals or agency priorities; or 65. By NSF, when ordered by the Deputy Director under NSF’s Regulation on Research Misconduct [(45 CFR Part § 689]). c. Normally, action by NSF to suspend or terminate an award will be taken only after the awardee recipient has been informed by NSF of any deficiency on its part and given an opportunity to correct it; but NSF may immediately suspend or terminate the award without notice when it believes such action is reasonable to protect the interests of the Government. d. No costs incurred during a suspension period or after the effective date of a termination will be allowable, except those costs which, in the opinion of NSF, the awardee recipient could not reasonably avoid or eliminate, or which were otherwise authorized by the suspension or termination notice, provided such costs would otherwise be allowable under the terms of the award and the governing cost principles. e. Within 30 days of the termination date, the awardee recipient will furnish a summary of progress under the award and an itemized accounting of costs incurred prior to the termination date or pursuant to d, above. Final allowable costs under a termination settlement shall be in accordance with the terms of the award, including this articleterm and condition, and the governing cost principles, giving due consideration to the progress under the award. In no event will the total of NSF payments under a terminated award exceed the award amount, or the NSF pro rata share of the total project costs when cost sharing was anticipated, whichever is less. f. When an NSF award is terminated or partially terminated, both NSF and the awardee recipient remain responsible for compliance with the requirements in 2 CFR §§§ 200.344 and 200.345. g. A notice of termination other than by mutual agreement and/or the final settlement amount may be subject to review pursuant to Article Term and Condition No. 34. h. NSF will report award terminations to the OMB-designated integrity and performance system termination in accordance with Federal regulationXXX, but only after the awardee recipient has had an opportunity to exhaust the review procedures contained in PAPPG Chapter XII.B. See also Article 15.dparagraph f. of Term and Condition No. 14 for additional information on FAPIISthe responsibility/qualification information in XXX.xxx.

Appears in 1 contract

Samples: Cooperative Agreement

Termination and Enforcement. a. Any suspension or termination action taken by NSF must be issued by a cognizant NSF Grants and Agreements Officer and will be in accordance with this article, 2 CFR §§ 200.340, and PAPPG Chapter XII.A. b. The award may be suspended or terminated in whole or in part in any of the following situations: 1. By NSF, if the awardee recipient fails to comply with the terms and conditions of a Federal award; 2. By NSF, to the greatest extent authorized by law, if an award no longer effectuates the program goals or agency priorities; 3. By NSF, with the consent of the awardeerecipient, in which case the two parties must agree upon the termination conditions, including the effective date and, in the case of partial termination, the portion to be terminated; 4. By the awardee recipient upon sending to NSF written notification setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if NSF determines in the case of partial termination that the reduced or modified portion of the NSF award will not accomplish the purposes for which the NSF award was made, NSF may terminate the Federal award in its entirety; 5. By NSF, pursuant to termination provisions included in the NSF award; or 6. By NSF, when ordered by the Deputy Director under NSF’s Regulation on Research Misconduct [45 CFR Part § 689]. c. Normally, action by NSF to suspend or terminate an award will be taken only after the awardee recipient has been informed by NSF of any deficiency on its part and given an opportunity to correct it; but NSF may immediately suspend or terminate the award without notice when it believes such action is reasonable to protect the interests of the Government. d. No costs incurred during a suspension period or after the effective date of a termination will be allowable, except those costs which, in the opinion of NSF, the awardee recipient could not reasonably avoid or eliminate, or which were otherwise authorized by the suspension or termination notice, provided such costs would otherwise be allowable under the terms of the award and the governing cost principles. e. Within 30 days of the termination date, the awardee recipient will furnish a summary of progress under the award and an itemized accounting of costs incurred prior to the termination date or pursuant to d, above. Final allowable costs under a termination settlement shall be in accordance with the terms of the award, including this article, and the governing cost principles, giving due consideration to the progress under the award. In no event will the total of NSF payments under a terminated award exceed the award amount, or the NSF pro rata share of the total project costs when cost sharing was anticipated, whichever is less. f. When an NSF award is terminated or partially terminated, both NSF and the awardee recipient remain responsible for compliance with the requirements in 2 CFR §§§ 200.344 and 200.345. g. A notice of termination other than by mutual agreement and/or the final settlement amount may be subject to review pursuant to Article 3435. h. NSF will report award terminations to the OMB-designated integrity and performance system in accordance with Federal regulation, but only after the awardee recipient has had an opportunity to exhaust the review procedures contained in PAPPG Chapter XII.B. See also Article 15.d. 15.g for additional information on FAPIIS.FAPIIS.‌‌‌

Appears in 1 contract

Samples: Cooperative Agreement

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Termination and Enforcement. ‌ a. Any suspension or termination action taken by NSF must be issued by a cognizant NSF Grants and Agreements Officer and will be in accordance with this article, 2 CFR §200.340, and PAPPG Chapter XII.A. b. The award grant may be suspended or terminated in whole or in part in any of the following situations: 1. By NSF, if the awardee fails to comply with the terms and conditions of a Federal award; 2. By NSF, to the greatest extent authorized by law, if an award no longer effectuates the program goals or agency priorities; 3. By NSF, with the consent of the awardee, in which case the two parties must agree upon the termination conditions, including the effective date and, in the case of partial termination, the portion to be terminated; 4. By the awardee upon sending to NSF written notification setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if NSF determines in the case of partial termination that the reduced or modified portion of the NSF award will not accomplish the purposes for which the NSF award was made, NSF may terminate the Federal award in its entirety; 5. By NSF, pursuant to termination provisions included in the NSF award; or 6. By NSF, when ordered by the Deputy Director under NSF’s Regulation on Research Misconduct [45 CFR Part 689]. c. Normally, action by NSF to suspend or terminate an award will be taken only after the awardee has been informed by NSF of any deficiency on its part and given an opportunity to correct it; but NSF NSF, however, may immediately suspend or terminate the award without notice when it believes such action is reasonable to protect the interests of the Government. d. No costs incurred during a suspension period or after the effective date of a termination will be allowable, except those costs which, in the opinion of NSF, the awardee could not reasonably avoid or eliminate, or which were otherwise authorized by the suspension or termination notice, provided such costs would otherwise be allowable under the terms of the award and the governing cost principles. e. Within 30 days of the termination date, the awardee will furnish a summary of progress under the award and an itemized accounting of costs incurred prior to the termination date or pursuant to d, above. Final allowable costs under a termination settlement shall be in accordance with the terms of the award, including this article, and the governing cost principles, giving due consideration to the progress under the award. In no event will the total of NSF payments under a terminated award exceed the award amount, or the NSF pro rata share of the total project costs when cost sharing was anticipated, whichever is less. f. When an NSF award is terminated or partially terminated, both NSF and the awardee remain responsible for compliance with the requirements in 2 CFR §§200.344 and 200.345. g. A notice of termination other than by mutual agreement and/or the final settlement amount may be subject to review pursuant to Article 34Non-Discrimination Statutes. h. NSF will report award terminations to the OMB-designated integrity and performance system in accordance with Federal regulation, but only after the awardee has had an opportunity to exhaust the review procedures contained in PAPPG Chapter XII.B. See also Article 15.d. Project Reporting Requirements for additional information on FAPIIS.

Appears in 1 contract

Samples: Cooperative Agreement

Termination and Enforcement. ‌ a. Any suspension or termination action taken by NSF must be issued by a cognizant NSF Grants and Agreements Officer and will be in accordance with this article, 2 CFR §§ 200.340, and PAPPG Chapter XII.A. b. The award may be suspended or terminated in whole or in part in any of the following situations: 1. By NSF, if the awardee recipient fails to comply with the terms and conditions of a Federal award; 2. By NSF, to the greatest extent authorized by law, if an award no longer effectuates the program goals or agency priorities; 3. By NSF, with the consent of the awardeerecipient, in which case the two parties must agree upon the termination conditions, including the effective date and, in the case of partial termination, the portion to be terminated; 4. By the awardee recipient upon sending to NSF written notification setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if NSF determines in the case of partial termination that the reduced or modified portion of the NSF award will not accomplish the purposes for which the NSF award was made, NSF may terminate the Federal award in its entirety; 5. By NSF, pursuant to termination provisions included in the NSF award; or 6. By NSF, when ordered by the Deputy Director under NSF’s Regulation on Research Misconduct [45 CFR Part § 689]. c. Normally, action by NSF to suspend or terminate an award will be taken only after the awardee recipient has been informed by NSF of any deficiency on its part and given an opportunity to correct it; but NSF NSF, however, may immediately suspend or terminate the award without notice when it believes such action is reasonable to protect the interests of the Government. d. No costs incurred during a suspension period or after the effective date of a termination will be allowable, except those costs which, in the opinion of NSF, the awardee recipient could not reasonably avoid or eliminate, or which were otherwise authorized by the suspension or termination notice, provided such costs would otherwise be allowable under the terms of the award and the governing cost principles. e. Within 30 days of the termination date, the awardee recipient will furnish a summary of progress under the award and an itemized accounting of costs incurred prior to the termination date or pursuant to d, above. Final allowable costs under a termination settlement shall be in accordance with the terms of the award, including this article, and the governing cost principles, giving due consideration to the progress under the award. In no event will the total of NSF payments under a terminated award exceed the award amount, or the NSF pro rata share of the total project costs when cost sharing was anticipated, whichever is less. f. When an NSF award is terminated or partially terminated, both NSF and the awardee recipient remain responsible for compliance with the requirements in 2 CFR §§§ 200.344 and 200.345. g. A notice of termination other than by mutual agreement and/or the final settlement amount may be subject to review pursuant to Article 34Non-Discrimination Statutes. h. NSF will report award terminations to the OMB-designated integrity and performance system in accordance with Federal regulation, but only after the awardee recipient has had an opportunity to exhaust the review procedures contained in PAPPG Chapter XII.B. See also Article 15.d. Project Reporting Requirements for additional information on FAPIISResponsibility/Qualification in XXX.xxx.

Appears in 1 contract

Samples: Small Business Innovation Research (Sbir)/Small Business Technology Transfer (Sttr) Phase Ii Cooperative Agreement

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