Laserfiche WebLink
agents, officers or employees of the Department or the State, and will not make any <br /> claim, demand or application to or for any right or privilege applicable to an officer, <br /> agent or employee of the State, including, but not limited to, rights and privileges <br /> concerning worker's compensation and occupational diseases coverage, <br /> unemployment compensation benefits, Social Security coverage or retirement <br /> membership or credit. <br /> ITEM 19 - NON-WAIVER <br /> Grantee agrees that in no event shall any action, including the making by the <br /> Department of any payment under this Agreement, constitute or be construed as a <br /> waiver by the Department of any breach of covenant or any default on the part of the <br /> Grantee which may then exist; and any action, including the making of such payment <br /> by the Department, while any such breach or default shall exist, shall in no way <br /> impair or prejudice any right or remedy available to the Department in respect to <br /> such breach or default. The remedies available to the Department under this <br /> Agreement are cumulative and not exclusive. The waiver or exercise of any remedy <br /> shall not be construed as a waiver of any other remedy available hereunder or under <br /> general principles of law or equity. <br /> ITEM 20 -TERMINATION, PAYMENT DELAY, RECALL <br /> Upon written notice to the Grantee, the Department reserves the right to suspend or <br /> terminate all or part of the financial assistance provided by this Agreement, if the <br /> Grantee is, or has been, in violation of any of the terms of this Agreement or if the <br /> Department determines that the purpose of the Project would not be adequately <br /> served by continued financial assistance. Termination of any part of the Agreement <br /> will not invalidate obligations properly incurred by Grantee prior to the date of <br /> termination, to the extent that they cannot be cancelled. The Department may also <br /> elect, by written notice to the Grantee, to withhold or delay any or all payments <br /> under this Agreement, or any portion thereof; or, if payment or payments have <br /> already been made, to recall such payment or payments or any portion thereof. The <br /> Grantee agrees that upon receipt of such notice of recall, the Grantee shall <br /> immediately return such payments, or any portion thereof, which the Grantee has <br /> received. <br /> ITEM 21 - DISPUTE RESOLUTION <br /> In the event of a dispute in the interpretation of the provisions of this Agreement, <br /> such dispute shall be settled through negotiations between the Department and the <br /> Grantee. In the event that agreement is not consummated at this negotiation level, <br /> the dispute will then be referred through proper administrative channels for a <br /> decision and ultimately, if necessary, to the Secretary of the Department. The <br /> Department shall decide all claims, questions and disputes which are referred to it <br /> regarding the interpretation, prosecution and fulfillment of this Agreement. The <br /> Department's decision upon all claims, questions and disputes shall be final and <br /> conclusive. <br /> ITEM 22 - PUBLIC INFORMATION <br /> The Department and Grantee shall agree upon appropriate and reasonable means <br /> to inform the public, particularly the users of Grantee's public transportation <br /> services, of the state assistance provided under this Agreement. <br /> Downstate Public Transportation Operating Grant Page 13 <br />