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DOH Contract GVL26649-0 Page 6 of 27 <br />Revision October 2021 <br />o Log management and intrusion detection/prevention systems; <br />o A documented and tested incident response plan <br /> <br />Any breach of this clause may result in termination of the contract and the demand for return of all personal <br />information. <br /> <br />SEVERABILITY: If any provision of this Agreement or any provision of any document incorporated by <br />reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which <br />can be given effect without the invalid provision, if such remainder conforms to the requirements of <br />applicable law and the fundamental purpose of this Agreement, and to this end the provisions of this <br />Agreement are declared to be severable. <br /> <br />SPECIFIC CONDITIONS: <br /> <br />A. The Federal awarding agency or pass-through entity may impose additional specific award conditions <br />as needed, in accordance with (2 CFR 200.207) paragraphs (b) and (c) of this section, under the <br />following circumstances: <br />1. Based on the criteria set forth in §200.205 Federal awarding agency review of risk posed by <br />applicants; <br />2. When an applicant or recipient has a history of failure to comply with the general or specific terms <br />and conditions of a Federal award; <br />3. When an applicant or recipient fails to meet expected performance goals as described in §200.210 <br />Information contained in a Federal award; or <br />4. When an applicant or recipient is not otherwise responsible. <br /> <br />B. These additional Federal award conditions may include items such as the following: <br /> <br />1. Requiring payments as reimbursements rather than advance payments; <br />2. Withholding authority to proceed to the next phase until receipt of evidence of acceptable <br />performance within a given period of performance; <br />3. Requiring additional, more detailed financial reports; <br />4. Requiring additional project monitoring; <br />5. Requiring the non-Federal entity to obtain technical or management assistance; or <br />6. Establishing additional prior approvals. <br /> <br />C. The Federal awarding agency or pass-through entity must notify the applicant or non-Federal entity as <br />to: <br /> <br />1. The nature of the additional requirements; <br />2. The reason why the additional requirements are being imposed; <br />3. The nature of the action needed to remove the additional requirement, if applicable; <br />4. The time allowed for completing the actions if applicable, and <br />5. The method for requesting reconsideration of the additional requirements imposed. <br /> <br />D. Any specific conditions must be promptly removed once the conditions that prompted them have been <br />corrected <br /> <br />SUBCONTRACTING: Neither the Contractor, nor any subcontractors, shall enter into subcontracts for <br />any of the work contemplated under this agreement without prior written approval of DOH. In no event <br />shall the existence of the sub operate to release or reduce the liability of the Contractor to DOH for any <br />breach in the performance of the contractor’s duties. This clause does not include contracts of employment <br />between the contractor and personnel assigned to work under this Agreement. <br />