Neither this contract nor any interest therein nor claim thereunder shall be assigned or transferred by the University except as expressly authorized in writing by the Contracting Officer.
Nothing contained in this contract, or its amendments, shall be construed to grant, vest, or create any rights in any person not a party to this contract. This provision is not intended to limit or impair the rights which any person may have under applicable Federal statutes.
(a) Except as may be otherwise provided herein, on and after the execution date of this Supplemental Agreement, all rights, duties, and activities of the parties under this contract shall be governed by the provisions of this Supplemental Agreement.
(b) Any rights that have become vested in either party to this contract under previous versions of this contract shall continue unchanged by reason of this Supplemental Agreement. The parties recognize that this modification incorporates significant changes to the method of operations and the allocation of risks. It is the agreement of the parties that none of the understandings regarding cost principles and assumption by the University of financial risks under this modification shall apply to costs arising from events occurring prior to the execution of this modification. Rather, the provisions of the contract in effect at the time of execution of this contract modification will be used to determine the allowability of such costs. If it is not possible to relate or reasonably allocate particular activities to individual periods, the cost shall be presumed to have been incurred prior to the execution of this Supplemental Agreement.
(a) The University warrants that no person or agency has been employed or retained to solicit or obtain this contract upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. For breach or violation of this warranty, the Government shall have the right to annul this contract without liability or, in its discretion, to deduct from the contract price or consideration, or otherwise recover, the full amount of the contingent fee.
(b) "Bona fide agency," as used in this clause, means an established commercial or selling agency, maintained by the University for the purpose of securing business, that neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds itself out as being able to obtain any Government contract or contracts through improper influence.
"Bona fide employee," as used in this clause, means a person, employed by the University and subject to the University's supervision and control as to time, place, and manner of performance, who neither exerts or proposes to exert improper influence to solicit or obtain Government contracts nor holds out as being able to obtain any Government contract or contracts through improper influence.
"Contingent fee," as used in this clause, means any commission, percentage, brokerage, or other fee that is contingent upon the success that a person or concern has in securing a Government contract.
"Improper influence," as used in this clause, means any influence that induces or tends to induce a Government employee or officer to give consideration or to act regarding a Government contract on any basis other than the merits of the matter.
No member of or delegate to Congress, or resident commissioner, shall be admitted to any share or part of this contract, or to any benefit arising from it. However, this clause does not apply to this contract to the extent that this contract is made with a corporation for the corporation's general benefit.
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