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Home My WebLink AboutContracts & Agreements_14-2002_CCv0001.pdf SUBCONTRACTOR'S ASSIGNMENT OF REFUNDS, REBATES, o12— CREDITS AND OTHER AMOUNTS Prime Award No. 2536 Subcontract No.2060-CR-AWWA-2536 Pursuant to the terms of the subcontract in consideration of the reimbursement of costs and payment of fee, as provided in the said subcontract and any assignment thereunder, the City of Redlands (hereinafter called the Subcontractor)does hereby: 1. Assign,transfer,set over and release to The Pennsylvania State University, University Park,Pennsylvania (hereinafter called the Contractor), all right,title and interest to all refunds,rebates,credits or other amounts (including interest thereon)arising out of the performance of the said subcontract, together with all the rights of action accrued or which may hereafter accrue thereunder. 2. Agree to take whatever action may be necessary to effect prompt collection of all refunds,rebates,credits or other amounts(including any interest thereon)due or which may become due,and to promptly forward to the Contractor checks(made payable to The Pennsylvania State University,University Park,Pennsylvania)for any proceeds so collected. The reasonable costs of any such action to effect collection shall constitute allowable costs when approved by the Contractor as stated in the said subcontract and may be applied to reduce any amount otherwise payable to the Contractor under the terms hereof. 3. Agree to cooperate fully with the Contractor as to any claim or suit in connection with refunds,rebates, credits or other amounts due(including any interest thereon);to execute any protest,pleading,application,power of attorney or other papers in connection therewith;and to permit the Contractor to represent it at any hearing,trial or other proceeding arising out of such claim or suit. IN WITNESS VVHEREOF,this assignment has been executed this 5 th day of February 2002. Subcontractor City of Redlands B Karl N. Haws Title Mayor CERTIFICATE Lorrie Poyzer certify that I am the City Clerk of the corporation named as Subcontractor in the foregoing release; that Karl N. Haws — who signed said release on behalf of the Subcontractor was then Mayor of said corporation; that said release was duty signed for and in behalf of said corporation by authority of its gove-ming body and is within the scope of its corporate powers. Ld—rrie Poyz:et y Clerk T (CORPORATE SEAL) Redlands, 19(iiZrnia Page 12 SUBCONTRACTOR'S RELEASE Prime Award No.2536 Subcontract No.2060-CR-AN WA-2536 Pursuant to the terms of Subcontract No. 2060-CR-AWWor2is - 36 and in consideration of the sum of $80,000 which has been to be paid under the said subcontract to the City of Redlands(hereinafter called the Subcontractor) or to its assignees, if any,the Subcontractor upon payment of the said sum by The Pennsylvania State University,University Park, Pennsylvania(hereinafter called the Contractor) does remise, release, and discharge the Contractor,itsoffices, agents and employees, of and from all liabilities, obligations,claims,and demands whatsoever under or arising from the said subcontract,except: 1. Specified claims in stated amounts or in estimated amounts where the amounts are not susceptible of exact statement by the Subcontractor,as follows: together with reasonable expenses incidental thereto,based upon the liabilities of 2. Claims, di subcontract, the Subcontractor to third parties arising out of the performance of e said subc which are not known to the Subcontractor on the date of the execution of this release and of which the Subcontractor gives notice in writing to the Contractor within the period specified in the said subcontract. 3. Claims for reimbursement of costs (other than expenses of the Subcontractor by reason of its indemnification Of the Contractor against patent liability), including reasonable by e Subcontractor under the provisions of the said expenses incidental thereto, incurred the subcontract relating to patents. The mail onnection with patent matters and with claims which are not released as set forth Subcontractor-agrees, inw.th all of the provisions of the said subcontract, including without limitation those above, that it will comply l prosecution of litigation_ provisions relating to notification to the Contractor and relating to the defense or pr secu on I - IN WnNESS VIBFREOF,this release has been executed this 5th day of February-,20_02 SUBCONTRACTOR Cit/ of Redlands — By Karl N. Haws Title M CERTIFICATE certify that I am the City Clerk of the corporation Lorrie ..PoyZer Karl N. Haws who signed said release on named as Subcontractor in the foregoing release; that behalf of the Subcontractor was then Mayor of said corporation; that said release was of said corporation by authority of its governing body and is within the scope of its duly signed for, and in behalf corporate powers. yze r,, lerk 0 'N e Lorrie oyzer, lerk, Redl ds, Calif6eyni (CORPORATE SEAL) Page 11 THE PENNSYLVANIA STATE UNIVERSITY INVENTORY OF PROPERTY FOR SUBCONTRACT NO. 2060-CR-AWWA-2536 PRIME CONTRACT NO. 2536 FROM May 1, 2000 TO September 30, 2001 Please check whether property was acquired under the above referenced Subcontract. If property was acquired,please complete the requested information below. K NO Property was acquired under this Subcontract. YES Property was acquired under this Subcontract. Please complete the information requested below. Description Manufacturer Model Number Serial Number Date Purchased Dollar Amount CITY OF REDLAN S, CALIFONRIA Signature February 5, 2002 Karl N. Haws, Mayor Date Title Attest: LorrieAoyzer, ct'tf erk (Pursuant to"Patent Rights"Contract Clause(See Instructions on Reverse Side) OMB No 9000-0095 1 Expires July 31, 1995 lublic reporting for this collection of information is estimated to average I hour per response,Including the time for reviewing Instructions,search existing data sources,gathering and maintaining the data needed and completing and reviewing the election of Information. Send cornments regarding this burden estimate or any other aspect of this collection of Information,Including suggestions for reducing this burden,to Washington Headquarters Services,Directorate for Information )perations and Reports 1215 Jefferson Davis Highway,Suite 1204,Arlington,VA 22203-4302,and to the Office of Management and Budget Paperwork Reduction Project(9000-0095),Washington,DC 20503, PLEASE DO NOT RETURN YOUR COMPLETED FORM TO EITHER OF THESE ADDRESSES. RETURN COMPLETED FORM TO THE CONTRACTING OFFICER. a,NAME OF CONTRACTORISUBCONTRACTOR c.CONTRACT NUMBER Its.NAME OF GOVERNMENT PRIME CONTRACTOR c,CONTRACT NUMBER 3.TYPE OF REPORT JX one City of Redlands 2060—CR—AWWA-2536 Penn State University 2536 a,INTERIM 1ADDRESS tinclud.Zip Code) d, AWARD DATE(YYMMDD) b.ADDRESS(include ZIP Code) It.AWARD DATE(YYMMDO) 4. REPORTING PERIOD(YYMMD2 ) ) 1 .0. Box3005 105 Land & Water Research Bldir. a. FROM 000501 2edlands, CA 92373 000501 University Park, PA 16801 b. TO 1010930 SECTION I-SUBJECT INVENTIONS 5."SUBJECT INVENTIONS" REQUIRED TO E REPORTED BY CONTRACTOR/SUBCONTRACTOR if'None so stat ) ELECTION TO FILE DISCLOSURE NUMBER, PATENT APPLICATIONS d. CONFIRMATORY INSTRUMENT OR PATENT APPLICATION ASSIGNMENT FORWARDED NAME(S)OF INVENTOR(S) TITLE OF INVENTION(S) SERIAL NUMBER OR TO CONTRACTING OFFICER I (Lass t,First,M) PATENT NUMBER (1)UNITED STATES (2)FOREIGN e. a. b. a YES Lbl Na i lial YES b Na T YES (2)NO N/A N/A 1. EMPLOYER OF INVENTIQRJS)NOT EMPLOYED BY CONTITACTOR/SUBC NIRACTOR a.ELECTED FOREIGN COUNTRIES IN WHICH A PATENT APPLICATION WILL BE FILED (1)(a)NAME OF INVENTOR(Last,Find,M) (2)(a)NAME OF INVENTOR(Last,First,M) (1)TITLE OF INVENTION (2)FOREIGN COUNTIRES OF PATENT APPLICATION (b)NAME OF EMPLOYER (b)NAME OF EMPLOYER (c)ADDRESS OF EMPLOYER(Inciedo ZIP Code) (c)ADDRESS OF EMPLOYER(Include Zip Code) SECTION 11-SUBCONTRACTS(Containing a'Patents Rights" clause) 6.SUBCONTRACTS AWARDED BY CONTRACTOR/SUBCONTRACTOR (11"None"so state) 4 SUBCONTRACT DRAB"PATENT RIGHTS' C SUBCONTRACT DA MDOj., NAME OF SUBCONTRACTORS) ADDRESS(Include ZIP Code) NUMBERS d. d. DESCRIPTION OF WORK TO BE (2)ESTIMATED c (1)CLAUSE (2)DATE PERFORMED UNDER SUBCONTRACT(s) b, C. (1)AWARD COMPLETION NUMBER e. None SECTION III-CERTIFICATION 7. CERTICATION OF REPORT BY CONTRACTOR/SUBCONTRACTOR(Not required If Small Business or Non-Profit organization.)(X&PProPdate box) X a. NAME OF AUTHORIZED CONTRACTOR/SLISCONTRACTOR OFFICIAL(Last,First,MI—) C.—I I --- Certify that file reporting party has procedures for prompt Identification and timely disclosure of subject Inventions,-that such HAWS, KARL (Raley) , N. Procedures have been followed and that all'Subject Inventions"have been reported. C. TITLE d. SIGNATURE a. DATE SIGNED Mayor, City of Redlands DD Form 882,DEC 92 Feb. 5, 2002 PREVIOUS EDITION 13 OBSOLETE, Attest: