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� • t ' <br /> . = -_.-- - . _._:._ _ .. PART V I <br /> - �GENERAL PROVISIONS '� <br /> Section 5.1 GRANTEE AUTHORITY• INDEPENDENCE OF GRANTEE PERSONNEL• GRANTOR <br /> AUTHORITY; GOVERNING LAW. , ,.,. . ,. <br /> ; A. Grantee Authoritv. The-Grantee warrants-that #t-i�_the reai party-in interest to this <br /> = Agreement, that it is not acting for or on behalfi of an andisclosed party,and that it possesses <br /> ' legal authority to apply for this grant and to execute the proposed program or project <br /> described in the Scope of Services attached to the Notice of Grant Award. Any person binding <br /> a grantee other than him or herself must, when required, state and/or evidence the legal <br /> authority for his or her agency. If subsequent to the execution of this Agreement, the signing <br /> person is found not to have the appropriate authority, expressly, implied or in fact or law, the <br /> would•be agency shall be primarily liable under this Agreement as principal in breach of this <br /> Agreement. By executing this Agreement in principal, person or by agency, the Grantee <br /> acknowledges having read, understood and agreed to all provisions of this Agreement and to <br /> be bound thereby. <br /> B. Inde�endence of Grantee Personnel. All technical, clerical, and other personnel <br /> necessary for the performance required by this Agreement shall be employed, or contracted <br /> with, by Grantee, and shall in all respects be subject to the rules and regulations of Grantee <br /> governing its�employees. Neither Grantee nor its personnel shall be considered to be the <br /> agents or employees of the Department. <br /> C. Grantor Authoritv. The Department and its payroll employees, when actin ursuant to <br /> rr <br /> this Agreement are acting as State officials in their official capacity and not personally or as � <br /> the agents of others. <br /> D. Governing Law. This Grant is awarded in the State of Illinois for execution within the <br /> State of Illinois. This Agreement shall be governed by and construed according to Illinois law <br /> as that law would be interpreted by an Illinois Court. Where there is no Illinois law on a <br /> particular subject or issue, then the applicable law, will be applied as it would be if interpreted <br /> and a lied <br /> pp by an Ill�nois court. <br />� Section 5.2 SCOPE OF SERVICES. In conside�ation for the grant funds to be provided by <br /> the Department, the Grantee agrees to perfo�m the services, provide the materials and to <br /> prepare and submit to the Department the repo�ts, studies and other deliverables described in <br /> the Scope of Work attached to the Notice of Grant Award. <br /> Such services ma <br />, , terials, reports, <br /> studies and other deliverables are referred to h r ' ' • � • <br /> e ein as the Program or Pro�ect . <br />� Section 5.3 FISCAL RESPONSIBILITIES <br /> A. Non Appropriation Clause. Payments pursuant to this Agreement are subject to the <br /> availability of applicable Federal and State funding from the Department and their <br /> a ro riation and <br /> Pp p authorized ex enditure unde� <br /> ' state law. •�ligati�ns of the State will cease <br /> immediately without penalty or liability of further payment being required if in any fiscal year <br /> that this Agreement is in effect the Illinois General Assembly or Federal funding source fails to <br />� a ro riate or o <br /> pp p therwise make available sufficient funds for this grant. <br /> -9- <br />