2010 030 Ordinance - Laserfiche WebLink

Home Browse Search

provisions of this Agreement. 5. Renewable Energy Credits. The Grantee may be entitled to claim Renewable Energy Credits, carbon credits, or NOx allowances and /or allowances arising under other trading programs that may be established in the future. NOPEC reserves the right to apply for such allowances if the Grantee does not claim such allowances. The Grantee must notify NOPEC if Grantee does not wish to trade or sell any such credits or assets. 6. Records, Access and Maintenance. Grantee shall establish and maintain all'records associated with the Funds in accordance with the Ohio Public Records Act. Grantee shall promptly make available to NOPEC all of its records with respect to matters covered by this Agreement including, but not limited to, fiscal records, records of personnel, and conditions of employment and shall permit NOPEC to audit, examine and make copies from such records. 7. Property and Equipment Purchases. All items purchased by Grantee from the Funds granted herein are and shall remain the property of Grantee unless Grantee defaults in the performance of the terms and conditions of this Agreement. If Grantee defaults in the performance of the terms and conditions of this Agreement, all property and equipment purchased by Grantee with any funds herein granted shall revert to NOPEC, at NOPEC's sole option. 8. Inability to Perform. In the event that Grantee cannot complete the Project or meet any or all of the obligations placed upon it by the terms of this Agreement, Grantee shall immediately notify NOPEC in writing. NOPEC, with the approval of the Committee formed to award Grant Funds (the "Committee"), and Grantee shall jointly identify Project amendments or another suitable Projects that meets the Grant Guidelines. 9. Dispute Resolution. In the event Grantee desires clarification or explanation of, or disagrees with, any matter concerning the Agreement, or the interpretation or application of any and all federal or state statutes, rules, regulations, laws or ordinances, the matter must be submitted in writing to NOPEC, which shall convene the Committee to review and decide the matter. If the dispute cannot be resolved, and/or Grantee has failed to comply with the terms and conditions of this Agreement, then procedures for suspension and/or termination may be instituted as provided for under this Agreement. 10. Termination. If it appears to NOPEC that Grantee has failed to perform satisfactorily any requirements of this Agreement, or if Grantee is in violation of any provision of this Agreement, or upon just cause, NOPEC may, upon approval by the Committee terminate the Agreement after providing Grantee with written notice and a period of at least thirty (30) to cure any and all defaults under this Agreement. During the thirty day cure period, Grantee shall incur only those obligations or expenditures which are necessary to enable Grantee to continue its operation and achieve compliance with the Agreement terms. 11. Effects of Termination. Within sixty (60) days after termination or suspension of this Agreement, Grantee shall surrender all reports, documents, and other materials assembled and prepared pursuant to this Agreement which shall become the property of NOPEC. Upon surrender of such material, Grantee shall receive compensation for all activities satisfactorily performed prior to the effective date of termination or suspension. If possible and appropriate, and with the approval and cooperation of Grantee, NOPEC and the Committee may complete any outstanding Project after termination.