Contracts & Agreements_6-1960 - Laserfiche WebLink

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(a) If any representation of the Applicant, in its application or in any sup- plement thereto or amendment thereof, or in any documents submitted to the Government by the Applicant in connection with such application, shall be incorrect or incomplete in any material respect; (b) If the Applicant shall fail to commence promptly or complete the plan preparation within the time provided therefor in the Agreement or within the limits of any extension of time as may be approved by the Government, or if the Applicant shall fail otherwise in the performance or fulfillment of any ofits obligations to be performed or fulfilled under the Agreement; (c) If the Applicant shall fail to submit or cause to be submitted to the Government any reports, data, plans, drawings, specifications, contracts, estimates, approvals, or other documents pertaining to the plan prepara- tion contemplated by the Agreement, that may be requested by the Govern- ment; (d) If any official of the Applicant shall become directly or indirectly in- terested personally in any contract or subcontract in connection with the aforesaid plan preparation. 7. In the event the Applicant has employed or shall employ any person, firm, or corporation, excepting bona fide employees and persons, firms, or corporations employed under a bona fide contract to render professional or technical services only, to solicit or secure the advance covered by the Agreement to which these Terms and Conditions re- late, or any other contract right under such Agreement, upon an agreement or understand- ing for a commission, percentage, brokerage, or contingent fee, the Government shall have the right to annul said Agreement without liability or in its discretion to deduct from the advance otherwise payable under the Agreement the full amount of such commis- sion, percentage, brokerage, or contingent fee. 8. The advance shall be repaid promptly upon.thestart of construction of the pub- lic work of the type set forth in the planning report. Construction shall be considered as undertaken or started when the first construction contract is awarded or the applicant begins construction with its own forces. If construction of only a portion of the planned work is undertaken, repayment is required of such proportionate amount of the advance related to the work as the Administrator determines to be equitable. 9. In the event the Applicant should, for any reason, fail to repay promptly the advance in full in accordance with its obligation under this Agreement, whether such obligation shall arise by operation of law or under the said Agreement, such unpaid sum shall bear interest at the rate of four (4%) per centum per annum from the date of the Government's demand to the Applicant for the repayment to the date of payment thereof by the Applicant. 10. The Government shall not be obligated or liable under the Agreement to any party other than the applicant. 11. No member of or delegate to the Congress of the United States of America shall be admitted to any share or part of the Governme.nt's advance or in any benefit arising therefrom. 12. The Applicant may terminate the Agreement at any time prior to the Govern- ment's payment of any portion of -the advance by written notice to the Government of such termination. In such event, the Government will be relieved of all its obligations under the Agreement. If the Applicant terminates the Agreement after receiving any por- tion of the advance, it shall promptly refund to the Government the portion of the ad- vance that has been paid by the Government. 13. Prior to tha d#sbnrsaoent of &W portion of the advame the applie=t sMll furnish awl eatisfwtssp to thr OWMVWAOt that it has Mquirad the site for the proposal aoastnatum or has t4kea positive aatiau lawift to 60quisttioa of the site. I