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<br />10. Aulgnmllnt 01 Con'recl and Claims IMIY 19721
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<br />(., ElCcepl II olhltwlll provldtd bfJlow, nfllthllr thl. controct ncr any Intll",Illn or claim. for manln dUI or to become dUI ~1ndlr thll contrlCt,
<br />mllV t. 'I"Inlf.1l'd or ...Iantd by IIl.lauar to IIny othl' partY.
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<br />Ib) It thl. contract PNvld'l br plvrnDntt llJOregltlng '1,000 or mor', claim. for monl.. duo or to becoma dul,ha L"lor 'rom th. POI,.I
<br />ServIce under lhl. contract. mev blI ...Igned 'D' bank, trule company. or olhllr flnlnclng Innl,ullon, Including Dny Fedlrlllllndlng agency. .nd may
<br />,herea".r be' further ...lgned Bnd f",,'gned to any luch In.thullon. Any luch oIJlgnmant or r8aulgnmllnt ,hall covar ,lIl11lounu p.vabla und.r thl.
<br />c:onlrM:t Ind not 1I1f1lodV plld, IInd ,h,1I not be mldll to more than DOli party IIkeept th.t any luch a..lgome"' or reM.lllomen, m.., bI mlde to onl piny
<br />II 1gent or nUlwe for two or mom panl" participating In Iuch financing. No ...lgnmenl or reMIIgnment will bI recognized III valid and binding upon the
<br />Postal Service unle.. . wrlllen notlcl! of thl! .lIlgnment or re.lIlgnment, together with. nue copy of the Inltrument of ...Ignment II flied with: (I) the
<br />Contracting Officer: (II) the lurety or lurellel upon the bond or bonm, If any, In connection with Ihll contrltCl; end IU1) thl! dllbunlngotllc.r, If .nv,
<br />dc,lgnlted In thll contnx:t to make payment, and thlJ Contracting Qfflcl!r hu ocknowledgBd the alllgnment In wrltln;.
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<br />Icl The POItel Service may IJt its discretioN recognizlI a tranlfor ot this contractlncldenl8l 10 1he trlinller 0' all of tha Lauor'. ..set. or all that
<br />pen of the Lelsor's .set. Involved In the performance of thl. contract.
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<br />Id) Assignment of this contrDCt or any Interen In or claims for moneys due or to become due under this contract othar than In 1ICC0rdence
<br />With the provl~lons of this clause shall be grounds for annulment at this contract at tha option Df the Postal Service. The rlghtl end remedies Df the Post,l
<br />SIIrvleel undor this clause ore nDt exclusive and ,hall be In addition to any other rights Bnd remediel provided at law or under thl, cDntBCt.
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<br />19. It the premises ere mortgaged prior to or during the term of this 1l!B1e, Including any rllnewdl option periods, the Leslor IhalllD Inform the
<br />Contracting Officer and shall, upon request, Furnish a mortgage subordination agreemen~ on PS Form 7450, Mongagee's Agreement.
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<br />20. Clelms and Disputes (May 19831
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<br />lal this contract Is lubJectto the Contract Disputes Act of 1978 (P.L. 9&563, 41 use 601-6131.
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<br />lbl All disputes Brillng under or relating to this contract shall be resolved under this clause. References to a Disputes clause in other clalses of
<br />this contract shall be undemood to be references to this Claims and Disputes clause.
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<br />(cl (i) "Cllllm:' as used in this clause, means 8 written demand Dr BSSartion by one of the panles seeking, 81 a legal right, the payment of
<br />money, 8djultment or Interpretation of contraCt terms, or other relief arising under or relating to this contract.
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<br />(Iii A voucher, Invoice, or request for payment that is not in di5Pute when submitted Is not a claim under the Act. However, Vllhere such
<br />submlalon II subsequently not lICted upon in a reasonable time, or disPuted either as to liability or amount, it may be converted to a claim under the Act.
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<br />11111 A claim by the Lessor shall be made in writing and submitted to the ContnlCting Officer for decision. A claim by the Postal Service
<br />-utlnn the Lessor shell be In the form of a decision bv the Contracting Offi~r.
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<br />(dl For LellOr claims of more than $50,000, the lBslOr shall submit with the claim a CIIrtif1cetion that: (i) the claim is made in good flith; (ii1
<br />IUPportlng ~ .... eccufltll and complete to the best of the Lessor's knowledge and belief; and liil! the amount requMted accurately reflectS the con-
<br />trK1 IIdlunment for which the L.euor believes the Postal Service is lIeble. If the Lmor is an Individual, the ~fication shall be I!XllCUted by that Indi-
<br />vidual. If the leAor Is not an Individual, the certification ihllll be executed by a senior company official in chargEl at the lessor's plmt or location in-
<br />volVMt; or bV an officer or general panner of the Lessor having overall responsibllilY fDr the conduct of the Lessor's affairs. Claims less than $50.000
<br />need n01 be certified.
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<br />Ie) Any claim which is not dliPosed of by agreement shan be docided by thl' Contracting Officer who shall issue a decision in writing and shIIll
<br />mall or otherwise furnish a copy of the decision to the Lessor. For Lessor claims DYer $50,000, the Conlracting Officer must decide the c1ltim within
<br />60 days or notify the Leuor of the date when the decision will be made. For Leslor claims of $50,000 or less. the Contracting Officer mult ....,der a
<br />decision within 60 days. The Contracting Officer's decision shall be final and conclusive end not sublect 10 review by any forum. tribunal, or g0vern-
<br />ment agency unless:
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<br />(i) The L.euor appeall such decision to the Postal Service Board of ContrM:t Appeals within 90 dBvs afn!r the date the Lessor l1ICIlivn
<br />the Contracting Officer's final decision; or
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<br />llil The les50r brings an action directly on the claim in the United StateS Claims Court within 12 months after the date the l.es5or re-
<br />ceives the Cantral:tlng Officer', final decilion.
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<br />If) The authoritY of the Contracting Officer under the Act does not extend to claims or disputes which other agencies are expressly authorized
<br />by status or regulation to decide.
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<br />(0) The Ponal Service shall pay interest on the amount found dua on a Lessor's claim from the date the ContrlCtlng OfTtcer receives the claim
<br />(Property certified. if required, in accordance with d, .bove), or from the dlite peyment would otherwi.. be dua. If that cUte is lalll'r, until the'date of
<br />paymenL Simple intel'llt will be paid et the rate. eitablished by tha Secre1IIry of the Trasury, which Is IPpllcable when the Contracting Officer nteeiva
<br />the claim and then at the I1Ite fixed by the secretary fDr each successive six-month period in which the claim Is pending.
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<br />lhl Except as the parties may otherwise agree, pending final resolution of a claim by the Lessor arising under the contract, the Lessor shall
<br />proceed diligentlV with the performance of the contTact in accordaneel with the Contracting Officer', decision.
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<br />PS Form 7449, Febnw)" 1987
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