LETTER TO INFORMATION TECHNOLOGY LABORATORIES FROM (SANITIZED)
Document Type:
Collection:
Document Number (FOIA) /ESDN (CREST):
CIA-RDP67B00074R000500170078-0
Release Decision:
RIPPUB
Original Classification:
S
Document Page Count:
5
Document Creation Date:
December 21, 2016
Document Release Date:
December 30, 2008
Sequence Number:
78
Case Number:
Publication Date:
April 12, 1961
Content Type:
LETTER
File:
Attachment | Size |
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Body:
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SLCMf T
I~IIIIIIIIkIV ~,o N~II~IIIIIINI
WD-2255-61
Amsrasent No. 4
Contract No. !!I-375
1 f' I
Information Technology Laboratories
A Division of ITC Corporation
Lexington, 1lassacb etts
Gentlemen :
1. This document constitutes Amendment No. 4 to Contract go-
BB-375 between the parties hereto and sets forth the following
Novation Agreement between the parties:
This Agreement, entered into as of 5 April 1961, by and between
the ITLC COi PC ATMON, a co~apasstion duly organised cad existing tinder
the laws of the State of Nssssctusetts with its priaeipal office in
Waltham and State of Nassaabasrtts (hereinafter refsarrad to as the
"Transferor")] the MK CO i4=Cg, a corporation or ised and
existing under the law of the State of MaluN re with its principal
office in the city of tialthsm mad State of Massecbusetts (hereinafter
referred to as the "Trentfera") j and the no STA OF ANIMCK
(hereinafter referred to as the "gent")?
W AS, the Govea r t, represented by the various Contracting
Officer's, has entered into certain contracts with the Transferor, as
set forth in the attached list maked "nlbit A" to this Agreement
and herein incorporated by reterecooej and the tern "the contracts" as
hereinafter used means the above contracts and all other contracts,
letter contrmcts~~id_pwrcbare e, including amemaw ats and change
orders thereto, heretofore made betvwea the Oc+ romwt, represented by
the various Conts~cting Officers, and the Transferor (whether or not
performance and payment have been completed and releases *vacated,
if the Goverameat or the Transferor has any remaining rights, duties
or obligations thersucnder), sad including scmendrmu mod change orders
thereto hereafter cede between the Oavernreat and the iXn=fereej
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WHN ZA9, as of 10 February 1964, the Transferor assigned,
Conveyed and transferred to the Transferee all the assets of the
Transferor by virtue of a Certificate of Ownership and Merger between
the Transferor and the Transferee;
WI( AB, the Transferee, by virtue of said assignment, conveyance
and transfer, has acquired all the assets of the Transferor;
YAlll M8, by virtue of said assignment, conveyance and transfer,
the Transferee has assumed all the duties, obligations and liabilities
of the Transferor under the Contracts;
WHSREAB, the Transferee is in a position fully to perform the
Contracts, and such duties and obligations as may exist under the
Contracts;
CAB, it is consistent with the Oovvernasit's interest to
recognise the Transferee as the successor party to the Contracts;
wHiRMS., there has been filed with the Goverment evidsncect said
assignment, conveyance or transfer;
NOW, TmWjW=o in consideration of the praxises, the parties
hereto agree as follow:
1. The Transferor hereby confirms said assigmmut, conveyance and
transfer to the Transferee, and does hereby release and discharge the
Goverment frog, and does hereby waive, any and all claims, denands,
and rights against the Goverment which it now has or my hereafter
have in connection with the contracts.
2. The Transferee hereby asswma, agrees to be bound by, and
undertakes to perform each and every one of the terns, covenants, and
conditions contained in the Contracts. The Transferee. further assume
all obligations and liabilities of, and all claims and deneands against,
the Transferor under the Contracts, in all respects as if the Transferee
were the original party to the Contracts.
3. The Transferee hereby ratifies and confirm all actions hereto-
fore taken by the Transferor with respect to the Contracts with the am*
force and effect as if the action has been taken by the Transferee.
4. The Government hereby recognizes the Transferee as the
Transferor's successor in interest in and to the Contracts. The
Transferee hereby become entitled to all right, title, and interest
of the Transferor in and to the Contracts in all respects as if the
Transferee rasa the original party to the Contracts. The tern.
"Contractor" as used in the Contracts shall be domed to refer to the
Transferee rather than to the Transferor.
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5. wept as earprsssly p ovidsd herein, nothing in this Agressent
shall be construed as a waver of any rights of the 4overaseut 66inst
the Transferor.
6. Notwithstanding the foregoing provisions, all payments and
reimbursemwts heretofore me" by the Government to the Transferor and
w
all other action heretofore taken by PJrml='t to it's
obligations under any of the Contra~ats i sbaU be
discharged pro tanto the (hoversrent'$ obligations under the Contracts.
A].l psymgmtg *sod reimbursements, =As by the (3ove rcnent after the date
of this Agrecmant in the nose of or to the Transferor shall have the
sans force and effect as if msds to said Transferee and shall constitute
a complete discharge of this Gov is obligi-tion under tore Coo~traats,
to the extent of the ante so paid or reimbursed.
7. The Transferor and the Transferee hereby ass that the
Goverm sent shall not be obligated to pay or reimburse either of than
for, or otherwise give effect to, any costs, tams or other expenses,
or any increases therein directly or indirectly arising out of or
resulting from (i) ad a1 41)
thaan those ada#~Ch the ti inanths absence
Of fit, other and transfer, or this Agrremeetp would
ho!ave mid bean as obsignlimr.nt,gated co to c-' Pay or "w reimburse u~ the taxes of t2re0ontraa'tis.
8. The Transferor hereby B+wsrantees,Pam of all liabilities and
the performai ce of all obligations vbich the Transferee (1) ass es
under this Agreeanat, or (ii) may hereafter u dsartake under the Contracts
as they may hereafter be sstiM'adad or codified; and the Transferor hereby
wives notice of and consent to any such pendment or modification.
9. 3naaeept as herein modified, the Contracts shall remain in full
force and effect.
3. AU other terms, conditions and requirauents of the contract remain
as originally stipulated.
4. Please indicate your receipt of this Aas dmsnt NO. 4 to the contract
and ywr acceptance thereof by eluting the OrWmi and two copies Of this
and one copy the undersigned
asend~ssnt. Return the t4L1y e
and retain the resainia8 copy for Yaw MGM*
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IN WITH 0 each of the partiS$ b4MW bas meted this
Agraeoeat as of the my- and year first abore written.
g w ANN=
25X1'
TITL1
rfm 000002M
(a N"saalas to tsis Corporation)
BY J
$ ~irw Prpsid@nt
ITS CATION
(a Delanare Coarporatia*)
PRINT OR TYf NAIL t1NM ALL SIbNA1UfM
TIM pc;oBr.t ITFK Laborator1eS
A Division of
ITEK Corporation
SECRET
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Mi IT WAS
Contract Number
Bb-3w
BB-375
BB-400
BB-425
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