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CDC SPECIAL TERMS AND CONDITIONS <br />4ontract Number ICM04358 <br />Exhibit D. <br />the collection, maintenance, and disclosure of personal and confidential information about <br />individuals. <br />6. Liability for Loss and Damages <br />Any damages by the contractor to the State's facility including equipment, furniture, materials or <br />other State property, will be repaired or replaced by the contractor to the satisfaction of the <br />State at no cost to the State. The State may, at its option, repair any such damage and deduct <br />the cost thereof from any sum.due contractor under this Agreement. <br />7. Computer Software <br />Contractor certifies that it has appropriate systems and controls in place to ensure that state <br />funds will not be used in the performance of this Agreement for the acquisition, operation or <br />maintenance of computer software in violation of copyright laws. <br />8. Accountinq Principles <br />The contractor will adhere to generally accepted accounting principles as outlined by the <br />American Institute of Certified Public Accountants. Dual compensation is not allowed; a <br />contractor cannot receive simultaneous compensation from two or more funding sources for the <br />same services performed even though both funding sources could benefit. <br />9. LlablIi!y for Nonconforming Work <br />The contractor will be fully responsible for ensuring that the completed work conforms to the <br />agreed upon terms. If nonconformity is discovered prior to the contractor's deadline, the <br />-contractor will be given a reasonable opportunity to cure the nonconformity. If the <br />nonconformity is discovered after the deadline for the completion of the. project, CDC, in its sole <br />discretion, may use any reasonable means to cure the nonconformity. The contractor shall be <br />responsible for reimbursing CDC for any additional expenses incurred to cure such defects. <br />10. SubcontractorlConsultant Information <br />Contractor is required to identify all subcontractors and consultants who will perform labor or <br />render services in the performance of this Agreement. Additionally, the contractor shall notify <br />the Department of Corrections, Office of Contract Services, in writing, within ten (10) working <br />days, of any changes to the subcontractor and/or consultant information. <br />11. Contract Violations <br />The contractor acknowledges that any violation of Chapter 2, or any other chaptered provision <br />of the Public Contract Code (PCC), is subject to the remedies and penalties contained in PCC <br />Sections 10420 through 10425. <br />12. Temporary Nonperformance <br />If, because of mechanical failure'or-for any other reason, the contractor shall be temporarily <br />unable to perform the work as required, the State, during the period of the contractor's inability <br />to perform, reserves the right to accomplish the work by other means and shall be reimbursed <br />by the contractor for any additional costs above the Agreement prime. <br />51 <br />