Common use of Administrative Terms Clause in Contracts

Administrative Terms. Collaborator/User has determined that the capabilities of the above listed facility are unique, and not knowingly readily available from the private sector. Scientific results will be provided on a “best efforts” basis by USGS. USGS makes no EXPRESS OR IMPLIED WARRANTY AS TO THE CONDITIONS OF THE RESEARCH, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE RESEARCH, DATA OR RESULTING PRODUCT INCORPORATING DATA DEVELOPED AND EXCHANGED UNDER THIS AGREEMENT. THESE PROVISIONS SHALL SURVIVE THE TERMINATION OF THE AGREEMENT. The parties certify that no intellectual property (IP) is expected or exchanged as a result of the Agreement. Collaborator/User understands that Government work will have priority over this project in the event that a scheduling conflict develops in the laboratory. Both USGS and Collaborator/User may utilize the generated information developed by USGS in databases, papers or as part of other scientific information. The parties acknowledge that publications and reports prepared from this project are subject to USGS fundamental science practices (FSP). This Agreement may be terminated on 30 days written notice by either party to the other. Work by USGS in process at the time of cancellation will be completed and invoiced to the Collaborator/User. The obligation to make and the ability to accept payments survive the effective dates of the actual Agreement. The Technical Contacts listed herein shall attempt to jointly resolve any disputes arising from the Agreement. Any dispute that they are unable to resolve shall be submitted to the Director of the USGS, or his designee; and the President or his designee of Collaborator/User, for final resolution. For purposes of this Agreement and all services to be provided hereunder, each party shall be, and shall be deemed to be, an independent entity and not an agent or employee of the other party. Each party agrees to be responsible for the activities, including the negligence, of their employees. As a Federal entity, USGS liability is limited by the Federal Tort Claims Act, codified at 28 U.S.C. 2671, et seq. The terms of this Facility Use and Service Agreement are the only terms that govern the parties’ Agreement and the research /technical work to be completed by USGS. USGS is not bound by and does not accept any additional or supplemental terms or conditions contained in any Purchase Order or other document used by Collaborator/User to order or pay for research services. Such documents are accepted by USGS solely as a convenience to the Collaborator/User and are not intended to modify or expand the terms of the parties’ Agreement. This Agreement is subject to renewal (or may be renewed) by mutual written agreement of the parties. The Parties acknowledge that materials or information resulting from the performance of activities described within this Agreement may be subject to export control laws of the United States including those concerning national security and each Party is responsible for its compliance with such laws.

Administrative Terms. Collaborator/User has determined that the capabilities of the above listed facility are unique, and not knowingly readily available from the private sector. Scientific results will be provided on a “best efforts” basis by USGS. USGS makes no MAKES NO EXPRESS OR IMPLIED WARRANTY AS TO THE CONDITIONS OF THE RESEARCH, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE RESEARCH, DATA OR RESULTING PRODUCT INCORPORATING DATA DEVELOPED AND EXCHANGED UNDER THIS AGREEMENT. THESE PROVISIONS SHALL SURVIVE THE TERMINATION OF THE AGREEMENT. The parties certify that no intellectual property (IP) is expected or exchanged as a result of the Agreement. Collaborator/User understands that Government work will have priority over this project in the event that a scheduling conflict develops in the laboratory. Both USGS and Collaborator/User may utilize the generated information developed by USGS in databases, papers or as part of other scientific information. The parties acknowledge that publications and reports prepared from this project are or subject to USGS fundamental science practices (FSP). This Agreement may be terminated on 30 days written notice by either party to the other. Work by USGS in process at the time of cancellation will be completed and invoiced to the Collaborator/User. The obligation to make and the ability to accept payments survive the effective dates of the actual Agreement. The Technical Contacts listed herein shall attempt to jointly resolve any disputes arising from the Agreement. Any dispute that they are unable to resolve shall be submitted to the Director of the USGS, or his designee; and the President or his designee of Collaborator/User, for final resolution. For purposes of this Agreement and all services to be provided hereunder, each party shall be, and shall be deemed to be, an independent entity and not an agent or employee of the other party. Each party agrees to be responsible for the activities, including the negligence, of their employees. As a Federal entity, USGS liability is limited by the Federal Tort Claims Act, codified at 28 U.S.C. 2671, et seq. The terms of this Facility Use and Service Agreement are the only terms that govern the parties’ Agreement and the research /technical work to be completed by USGS. USGS is not bound by and does not accept any additional or supplemental terms or conditions contained in any Purchase Order or other document used by Collaborator/User to order or pay for research services. Such documents are accepted by USGS solely as a convenience to the Collaborator/User and are not intended to modify or expand the terms of the parties’ Agreement. This Agreement is subject to renewal (or may be renewed) by mutual written agreement of the parties. The Parties acknowledge that materials or information resulting from the performance of activities described within this Agreement may be subject to export control laws of the United States including those concerning national security and each Party is responsible for its compliance with such laws.