R2000-104 AUTHORIZING SUBMISSION OF GRANT APPLICATION

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� . • . i � PART V GENERAL PROVISIONS 5.1 GRANTEE AUTHORITY• INDEPENDENCE OF GRANTEE PERSONNEL• GRANTOR AUTHORITY� GOVERNING LAW. A. Grantee Authoritv. The Grantee warrants that it is the real party in. interest ta this Agreement, that it is not acting for or on behalf of an undisclosed party, and that it possesses legal authority to perform the Project described in the Scope of Services (Part III} hereof. Any person binding a grantee other than him or herself must, when required, state and/or evidence the legat authority for his or her agency. If subsequent to the • execution of this Agreement, the signing person is found not to have the appropriate authority, expressly, implied or in fact or law, the would•be agency shall be primarily liable under this Agreement as principal in breach of this Agreement. By executing this Agreement in principal, person or by agency, the Grantee acknowledges having read, I understood and agreed to all provisions of this Agreement and to be bound thereby. B. Inde.pendence of Grantee Personnel. All technical, clerical, and other personnel necessary for the performance reguired by this Agreement shall be employed, or contracted with, by Grantee, and shall in all respects be subject to the rules and regulations of Grantee governing its employees. Neither Grantee nor its personnel shall ' to be the a ents or employees of the Depa�tment. be considered 6 . C. Grantor Authoritv. The Department and its payroll employees, when acting pursuant to this Agreement are acting as State officials in their official capacity and not personally or as the agents of others. D. Governing Law. This Grant is awarded in the State of Illinois for execution within the State of Illinois. This Agreement shall be governed by and construed according to Illinois law as that law would be interpreted by an Illinois Court. Where there is no Illinois law on a particular subject or issue, then the applicable taw, will be applied as it would be if interpreted and applied by an Illinois court. 5.2 SCOPE OF SERVICES. In consideration for the grant funds to be provided by the Department, the Grantee agrees to perform the Project described in Pa�t III hereof and to prepare and submit to the Department any reports and other deliverables described in this Agreement. 5.3 FISCAL RESPONSIBILITIES. A. Non Aaarop�iation Clause. Payments pursuant to this Agreement are subject to the 'availability of applicable federal and State funding from the Department and their appropriation and authorized expenditure under state law. Obligations of the State will cease immediately without penalty or liability of further payment being required if in any fiscal year that this Agreement is in effect the Illinois General Assembly or federal funding source fails to appropriate or otherwise make available sufficient funds for this grant.