Service Contract General Terms and Conditions

SERVICE CONTRACT GENERAL TERMS AND CONDITIONS
I. ACCOUNTING
Contractor will maintain a system of accounting and internal controls that meets
Generally Accepted Accounting Principles (GAAP).
II. AMENDMENT AND WAIVER
Except as provided herein, no alteration, Amendment, variation, or waiver of the
terms of this Agreement shall be valid unless made in writing and signed by both
parties. Waiver by either party of any default, breach or condition precedent shall not
be construed as a waiver of any other default, breach or condition precedent, or any
other right hereunder. No interpretation of any provision of this Agreement shall be
binding upon Court unless agreed to in writing by the Court.
III. AUDIT; RETENTION OF RECORDS; OWNERSHIP
A. AUDIT
- Upon reasonable Notice, Contractor will provide to Court, to any federal
or state entity with monitoring or reviewing authority, or to Court’s authorized
representatives, access to and the right to examine and audit all records and
documents relating to performance and billing under this Agreement, and, as
necessary, to determine compliance with relevant federal, state, and local
statutes, rules, and regulations. Contractor agrees to provide Court with all
relevant information requested and will permit access to its premises at
reasonable times for the purpose of interviewing employees and inspecting and
copying any relevant records.
B. RETENTION OF RECORDS
- Contractor will maintain all financial data,
supporting documents, and all other records relating to performance and billing
under this Agreement for a period in accordance with state and federal law. The
minimum retention period will be (4) four years from the date of the submission of
the final payment request or until audit findings are resolved, whichever is later.
C. OWNERSHIP
- The Court is the exclusive owner of all materials collected and
produced in connection with the Services provided under this Agreement. Upon
termination or expiration of this Agreement (subject to any mutually agreed
period of continuation of Services), or upon the Court’s Notice at any time, and
subject only to the duty of confidentiality owed to a represented party, Contractor
will give original materials to the Court or to another party at our direction.
IV. ASSIGNMENT AND SUBCONTRACTS
A. Contractor will not assign its rights or obligations under this Agreement, either in
whole or in part, without the prior written consent of Court, in the form of an
Amendment.
B. Contractor shall obtain prior written approval from Court before subcontracting
any of the services delivered under this Agreement. Contractor remains legally
obligated for the performance of all Agreement terms including work performed
by third parties under subcontracts and shall be held responsible by Court for the
performance of any subcontractor whether approved by Court or not. All
subcontracted services shall be subject to all applicable provisions of this
Agreement.
Effective April 17, 2012
Page 1/17
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