6.C.(5) Agreement for Services with Hathaway 2

Home Browse Search

terminate this Agreement. If the default is cured, then no default shall exist and the noticing party shall take no further action. C. Misrepresentutions. Notwithstanding any other provision of this Agreement to the contrary, if a party intentionally, knowingly or recklessly makes a written representation materially related to the provision of the Requested Services or the obligations of said party under this Agreement, the other party may terminate the agreement immediately upon delivery of a Default Notice. D. Project Close-Out. In the event that the Provider expends funds or perform services that are less than the Contract Amount or if the Project is canceled, expired or terminated for any reasons, the Contract Amount not incur-ed or claimed by the Provider shall be no longer available under this Agreement after all compensation earned and reimbursable expenses incur-ed as of the date the Provider received written notification of the cancellation or termination Project have been paid. E. Reversion of Assets. At the conclusion, cancellation, assignment or termination of this Agreement, all work product in whatever form, written, electronic, or otherwise, shall be delivered to the Commmission, and the Parties hereby agree the Commission and not Provider or any of Provider"s subcontractors or agents. has any ownership interest in the work performed as part of this A~n•eement. SECTION 7. Confidentiality, Conflict of Interest, and Disclosure. A Confidential Infor~nution. The Provider acknowledges that information which the Commission regards as confidential or proprietary in nature ("Information"). may come to the knowledge of the Provider during the Provider's performance of services. The Provider shall treat the Information as strictly confidential and agrees that the Provider will not, at any time or in any manner, either directly or indirectly, (i) use, or allowed to be used, any Information for the Provider's own benefit or the benefit of any director, official, employee or agent or any third party, or (ii) divulge, disclose or communicate in any manner any Information to any third party without the written consent of the Commission. The Provider shall be responsible for maintaining the confidentially of any Information in its possession, including taking appropriate measures to secure said Information against such uses and dissemination and to inform any person to which it allows to access such information of its confidentiality. The Provider shall be responsible for any actions taken by those individuals or organizations who or which receive or obtain such Information fi-om the Provider. A violation of this SECTION 7 shall be deemed to be a material breach of this Agreement. B. Co~~enu~zt Sun~i~'e Agreement. The confidentiality provisions of this Agreement remain in full force and effect after, and survive the termination of this Agreement. 7