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CALIFORNIA DEPARTMENT OF JUSTICE (4)
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Last modified
4/27/2022 5:22:34 PM
Creation date
4/15/2021 10:44:13 AM
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Contracts
Company Name
CALIFORNIA DEPARTMENT OF JUSTICE
Contract #
N-2021-064
Agency
Information Technology
Expiration Date
12/31/2023
Destruction Year
2028
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California Department of Justice <br />Memorandum of Understanding <br />Exhibit B, Miscellaneous Provisions <br />iii. Terminate all subcontracts to the extent they relate to the work <br />terminated. <br />iv. Settle all outstanding liabilities and termination settlement proposals <br />arising from the termination of subcontracts; <br />c. After termination, the Agency shall submit a final termination settlement <br />proposal to the State in the form and with the information prescribed by the <br />State. The Agency shall submit the proposal promptly, but no later than 90 <br />days after the effective date of termination, unless a different time is provided <br />in the Purpose or in the Notice of Termination. <br />d. The Agency and the State may agree upon the whole or any part of the <br />amount to be paid as requested under subsection (c) above. <br />e. Unless otherwise set forth in the Purpose if the Agency and the State fail to <br />agree on the amount to be paid because of the termination for convenience, <br />the State will pay the Agency the following amounts; provided that in no event <br />will total payments exceed the amount payable to the Agency if the MOU had <br />been fully performed: <br />i. The MOU price for Deliverables or services accepted or retained by the <br />State and not previously paid for, adjusted for any savings on freight <br />and other charges; and <br />ii. The total of: <br />A. The reasonable costs incurred in the performance of the work <br />terminated, including initial costs and preparatory expenses <br />allocable thereto, but excluding any cost attributable to <br />Deliverables or services paid or to be paid; <br />B. The reasonable cost of settling and paying termination <br />settlement proposals under terminated subcontracts that are <br />properly chargeable to the terminated portion of the MOU; and <br />C. Reasonable storage, transportation, demobilization, unamortized <br />overhead and capital costs, and other costs reasonably incurred <br />by the Agency in winding down and terminating its work. <br />f. The Agency will use generally accepted accounting principles, or accounting <br />principles otherwise agreed to in writing by the parties, and sound business <br />practices in determining all costs claimed, agreed to, or determined under this <br />clause. <br />4. INDEMNIFICATION: The Agency agrees to indemnify, defend and save harmless <br />the State, its officers, agents and employees from any and all third party claims, <br />costs (including without limitation reasonable attorneys' fees), and losses due to the <br />injury or death of any individual, or the loss or damage to any real or tangible <br />personal property, resulting from the willful misconduct or negligent acts or <br />omissions of the Agency or any of its affiliates, agents, subcontractors, employees, <br />suppliers, or laborers furnishing or supplying work, services, materials, or supplies <br />Page 2 of 5 <br />
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