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EROIGSA -15 -0007 <br />constitutes the payment date, The Prompt Payment Act requires ICE to pay interest on <br />overdue payments to the Service Provider. ICE will determine any interest due in <br />accordance with the Prompt Payment Act provided the Service Provider maintains an <br />active registration in Central Contractor Registration (CC?,) and all information is <br />accurate. <br />Article 13. ICE Furnished Property <br />A. ICE Froperty Furnished to the Service Provider: ICE may furnish Federal Government <br />Property and equipment to the Service Provider. Accountable property remains titled to <br />ICE and shall be returned to the custody of ICE upon termination of the Agreement. The <br />suspension of use of bed space made available to ICE is agreed to be grounds for the <br />recall and return of any or all ICE famished property. <br />B. Service Prov der Responsibility: The Service Provider shall not remove ICE property <br />from the Facility without the prior written approval of ICE. The Service Provider shall <br />report airy loss or destruction of any ICE property immediately to ICE. <br />Article 14. Hold Harmless Provisions <br />Unless specifically addressed by the terms of this Agreement, the parties agree to be responsible <br />for the negligent or wrongful acts or omissions of their respective employees. <br />A. Service Provider Held Harmless: ICE liability for any injury, damage or loss to persons <br />or property arising in the performance of this Agreement and caused by the negligence of <br />its own officers, employees, agents and representatives is governed by the Federal Tort <br />Claims Act, 28 USC 2691 et seq. The Service Provider shall promptly notify ICE of any <br />clairns or lawsuits filed against any ICE employees of which Service Provider is notified. <br />The Service Provider will be held harmless for any injury, damage or loss to persons or <br />property caused by an ICE employee arising in the performance of this Agreement, <br />B. Federal Government Held Harmless; Service Provider liability for any injury, damage or <br />loss to persons or property arising out of the performance of this Agreement and caused <br />by the negligence of its own officers, employees, agents and representatives is governed <br />by the applicable State tort claims act, ICE will promptly notify the Service Provider of <br />any claims filed against any of Service Provider's employees of which ICE is notified, <br />The Federal Gover unent will be held harrnloss for any injury, damage or loss to persons <br />or property caused by a Service Provider employee arising in the perfornance of this <br />Agreement, <br />C. Defense of Suit: In the event a detainee files suit against the Service Provider contesting <br />the legality of the detainee's incarceration and /or immigration /citizenship status, or a. <br />detainee files suit as a result of an administrative error or omission of the Federal <br />Government, ICE will request that the US. Attorney's Office, as appropriate, move <br />either to have the Service Provider dismissod, from such suit; to have ICE substituted as <br />the proper party defendant; or to have the case removed to a court of proper jurisdiction. <br />17 <br />25G -20 <br />