REVISED OCTOBER 2016
The University may terminate this contract for cause based upon the failure of the contractor to comply with the
terms and/or conditions of the contract; provided that the University shall give the Contractor written notice
specifying the Contractor’s failure. If within thirty (30) days after receipt of such notice, the Contractor shall not
have either corrected such failure or, in the case of failure which cannot be corrected in thirty (30) days, begun in
good faith to correct said failure and thereafter proceeded diligently to complete such correction, then the
University may, at its option, place the Contractor in default and the Contract shall terminate on the date specified
in such notice. The Contractor may exercise any rights available to it under Louisiana Law to terminate for cause
upon the failure of the University to comply with terms and conditions of this contract; provided that the
Contractor shall give the University written notice specifying the University’s failure and a reasonable opportunity
for the University to cure the defect.
8.
REMEDIES FOR DEFAULT
Any claim or controversy arising out of this contract shall be resolved by the provisions of Louisiana Statutes
Annotated ( LSA) –Revised Statutes (R.S.) 39:1672.2-1672.4; 39:1524-1526.
9.
RECORD OWNERSHIP
Upon completion of this contract, or if terminated earlier, all records, reports, documents and other material
delivered or transmitted to Contractor by the University shall remain the property of the University, and shall be
returned by Contractor to the University, at Contractor’s expense, at termination or expiration of this contract. All
records, reports, worksheets, documents or other material related to this contract and/or prepared by Contractor in
connection with the performance of the services contracted for herein shall become the property of the University,
and shall, upon request, be returned by Contractor to the University, at Contractor’s expense, at termination or
expiration of this contract.
10.
NONASSIGNABILITY
No contractor shall assign any interest in this contract by assignment, transfer, or notation without prior written
consent of the University. This provision shall not be construed to prohibit the contractor from assigning his bank,
trust company, or other financial institution any money due or to become due from approved contracts without
such prior written consent. Notice of any such assignment or transfer shall be furnished promptly to the
University.
11.
AUDITORS
It is hereby agreed that the Legislative Auditor of the State of Louisiana and/or the Office of the Governor,
Division of Administration auditors shall have the option of auditing all accounts of contractor which relate to this
contract.
12.
FISCAL FUNDING
The continuation of this contract is contingent upon the appropriation of funds to fulfill the requirements of the
contract by the legislature. If the legislature fails to appropriate sufficient monies to provide for the continuation
of the contract, or if such appropriation is reduced by the veto of the Governor or by any means provided in the
appropriations act to prevent the total appropriation for the year exceeding revenues for that year, or for any other
lawful purpose, and the effect of such reduction is to provide insufficient monies for the continuation of the
contract, the contract shall terminate on the date of the beginning of the first fiscal year for which funds are not
appropriated.
13.
E-VERIFY
Contractor acknowledges and agrees to comply with the provisions of La. R.S. 38:2212.10 and federal law
pertaining to E-Verify in the performance of services under this contract.
14.
GOVERNING LAW
This contract shall be governed by and interpreted in accordance with the laws of the State of Louisiana, including
but not limited to La. R.S. 39:1551-1736; rules and regulations, executive orders; standard terms and conditions,
special terms and conditions, and specifications listed in the RFP (if applicable); and this contract. Venue of any
action brought, after exhaustion of administrative remedies, with regard to this contract shall be in the Nineteenth
Judicial District Court, Parish of East Baton Rouge, State of Louisiana.