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a.e Insurance Requirements for Sub -Grantees and/or Subcontractors. The Grantee shall require its sub-granteese <br />and/or subcontractors, if any, to maintain insurance coverage of such types and with such terms and limits ase <br />described in this Agreement. The Grantee shall require all its sub -grantees and/or subcontractors, if any, toe <br />make compliance with the insurance requirements of this Agreement a condition of all contracts that are relatede <br />to this Agreement. Sub -grantees and/or subcontractors must provide proof of insurance upon request.e <br />b.e Deductibles. The Department shall be exempt from, and in no way liable for, any sums of money representing ae <br />deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of thee <br />Grantee providing such insurance.e <br />c.e Proof of Insurance. Upon execution of this Agreement, Grantee shall provide Department documentatione <br />demonstrating the existence and amount for each type of applicable insurance coverage prior to performance of e <br />any work under this Agreement. Upon receipt of written request from Department, Grantee shall furnishe <br />Department with proof of applicable insurance coverage by standard form certificates of insurance, a self- <br />insured authorization, or other certification of self-insurance.e <br />d.e Duty, to Maintain Coverage. In the event that any applicable coverage is cancelled by the insurer for anye <br />reason, or if Grantee cannot get adequate coverage, Grantee shall immediately notify Department of ruche <br />cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and providee <br />proof of such replacement coverage within ten (10) days after the cancellation of coverage.e <br />e.e Insurance Trust. If the Grantee's insurance is provided through an insurance trust, the Grantee shall instead adde <br />the Department of Environmental Protection, its employees, and officers as an additional covered partye <br />everywhere the Agreement requires them to be added as an additional insured.e <br />13. Termination. <br />a.e Termination for Convenience. When it is in the State's best interest, Department may, at its sole discretion,e <br />terminate the Agreement in whole or in part by giving 30 days' written notice to Grantee. The Department shalle <br />notify Grantee of the termination for convenience with instructions as to the effective date of termination or thee <br />specific stage of work at which the Agreement is to be terminated. The Grantee must submit all invoices fore <br />work to be paid under this Agreement within thirty (30) days of the effective date of termination. Thee <br />Department shall not pay any invoices received after thirty (30) days of the effective date of termination.e <br />b.e Termination for Cause, The Department may terminate this Agreement if any of the events of default describede <br />in the Events of Default provisions below occur or in the event that Grantee fails to fulfill any of its othere <br />obligations under this Agreement. If, after termination, it is determined that Grantee was not in default, or thate <br />the default was excusable, the rights and obligations of the parties shall be the same as if the termination hade <br />been issued for the convenience of Department. The rights and remedies of Department in this clause are ine <br />addition to any other rights and remedies provided by law or under this Agreement.e <br />c.e Grantee Obligations upon Notice of Termination. After receipt of a notice of termination or partial terminatione <br />unless as otherwise directed by Department, Grantee shall not furnish any service or deliverable on the date, ande <br />to the extent specified, in the notice. However, Grantee shall continue work on any portion of the Agreemente <br />not terminated. If the Agreement is terminated before performance is completed, Grantee shall be paid only fore <br />that work satisfactorily performed for which costs can be substantiated. The Grantee shall not be entitled toe <br />recover any cancellation charges or lost profits.e <br />d.e Continuation of Prepaid Services, If Department has paid for any services prior to the expiration, cancellation,e <br />or termination of the Agreement, Grantee shall continue to provide Department with those services for which ite <br />has already been paid or, at Department's discretion, Grantee shall provide a refund for services that have beene <br />paid for but not rendered.e <br />e.e Transition of Services Upon Termination. Expiration. or Cancellation of the Agreement. If services providede <br />under the Agreement are being transitioned to another provider(s), Grantee shall assist in the smooth transitione <br />of Agreement services to the subsequent provider(s). This requirement is at a minimum an affirmativee <br />obligation to cooperate with the new provider(s), however additional requirements may be outlined in the Grante <br />Work Plan. The Grantee shall not perform any services after Agreement expiration or termination, except ase <br />necessary to complete the transition or continued portion of the Agreement, if any.e <br />14. Notice of Default. <br />If Grantee defaults in the performance of any covenant or obligation contained in the Agreement, including, any of <br />the events of default, Department shall provide notice to Grantee and an opportunity to cure that is reasonable under <br />the circumstances. This notice shall state the nature of the failure to perform and provide a time certain for correcting <br />the failure. The notice will also provide that, should the Grantee fail to perform within the time provided, Grantee will <br />be found in default, and Department may terminate the Agreement effective as of the date of receipt of the default <br />notice. <br />Attachment 1-A <br />6of13 <br />Rev. 9/15/2023 <br />276 <br />