Common use of USE OF PROGRAM INCOME Clause in Contracts

USE OF PROGRAM INCOME. If the Prime Recipient earns program income during the period of performance as a result of this Award, it may use the program income as defined by 2 C.F.R. § 200.80 to meet its cost sharing requirement. SUBPART C. MISCELLANEOUS PROVISIONS CLAUSE 34. CONTINUATION APPROVALS To secure funding for Phase II and Phase IIS, the Prime Recipient is required to submit a written Continuation Request to the ARPA-E Contracting Officer (XXXX-X-XX@xx.xxx.xxx) at least 30 days before the end of the current Phase, which shall include the following: A SBIR/STTR Funding Agreement Lifecycle Certification, certifying that the Prime Recipient remains in compliance with Small Business Innovation Research or Small Business Technology Transfer program requirements, as described in Clause 27(f). ARPA-E may request submission of additional information and documentation at its discretion. ARPA-E’s approval of the Prime Recipient’s Continuation Request to proceed to the next Phase will be contingent upon (1) assessment of the Prime Recipient’s progress against project objectives and technical milestones and deliverables contained in Attachment 3, and (2) review and approval of any other documentation required to be submitted by ARPA-E. As a result of a Continuation Go/No Go review, ARPA-E may, in its discretion, authorize the following: (1) continuation of the project; (2) recommend redirection of work under the project; (3) place a hold on the project, pending further supporting data; (4) cancel the project due to insufficient progress or a change in strategic direction; or (5) suspend or terminate the Award due to material noncompliance with the terms and conditions of the Award. The Prime Recipient may not incur costs for a subsequent phase unless and until it receives a Notice to Continue from the ARPA-E Contracting Officer. CLAUSE 35. CORPORATE FELONY CONVICTION AND FEDERAL TAX LIABILITY ASSURANCES By entering into this agreement, the Prime Recipient attests that it has not been convicted of a felony criminal violation under Federal law in the 24 months preceding the date of signature. The Prime Recipient further attests that it does not have any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. CLAUSE 36. NON-ASSIGNABILITY This Award may not be transferred, assigned, or assumed, by operation of law or otherwise, without the prior written consent of the ARPA-E Contracting Officer. CLAUSE 37. NONDISCLOSURE AND CONFIDENTIALITY AGREEMENTS ASSURANCES By entering into this agreement, the Prime Recipient attests that it does not require its employees or contractors to sign nondisclosure or confidentiality agreements which prohibit or otherwise restrict signatories from reporting the following to the DOE Inspector General: a violation of law, rule, or regulation, mismanagement, waste, fraud, abuse, or a substantial and specific danger to public health or safety.