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Performing Agency reserves the right to limit or cancel access under this Contract should <br />Performing Agency determine that is has insufficient capacity in its computer system to maintain <br />current levels of transactions by Receiving Agency and /or that continued access by Receiving <br />Agency is detrimental to the overall efficiency and operation of Performing Agency's computer <br />systems. Any such limitation or termination of services will be upon written notice to Receiving <br />Agency by Performing Agency. <br />Upon termination of all or part of this Contract, Department and Receiving Agency will be <br />discharged from any further obligation created under the applicable terms of this Contract except <br />for the equitable settlement of the respective accrued interests or obligations incurred prior to <br />termination. <br />14. Terms & Conditions. <br />A. Federal and State Laws, Rules and Ordinances. Parties shall comply with all applicable <br />federal and state statutes, rules and regulations. <br />B. Applicable Contracts Law and Venue for Disputes. Regarding all issues related to <br />contract formation, performance, interpretation, and any issues that may arise in any dispute <br />between the Parties, the Contract shall be governed by, and construed in accordance with, the <br />laws of the State of Texas. In the event of a dispute between the Parties, venue for any suit shall <br />be Travis County, Texas. <br />C. Records Retention. DSHS shall retain records in accordance with the Department's State of <br />Texas Records Retention Schedule, located at <br />http: / /www.dshs.state.tx.us /records /schedules.shtm, Department Rules and other applicable state <br />and federal statutes and regulations governing medical, mental health, and substance abuse <br />information. <br />D. Severability and Ambiguity. If any provision of this Contract is construed to be illegal or <br />invalid, the illegal or invalid provision will be deemed stricken and deleted to the same extent <br />and effect as if never incorporated, but all other provisions will continue. Parties represent and <br />agree that the language contained in this Contract is to be construed as jointly drafted, proposed <br />and accepted. <br />E. Legal Notice. Any notice required or permitted to be given by the provisions of this Contract <br />shall be deemed to have been received by a Party on the third business day after the date on <br />which it was mailed to the Party at the address first given above (or at such other address as the <br />Party shall specify to the Receiving Agency in writing) or, if sent by certified mail, on the date of <br />receipt. <br />F. Immunity Not Waived. THE PARTIES EXPRESSLY AGREE THAT NO PROVISION <br />OF THIS CONTRACT IS IN ANY WAY INTENDED TO CONSTITUTE A WAIVER BY <br />DEPARTMENT OR THE STATE OF TEXAS OF ANY IMMUNITIES FROM SUIT OR <br />FROM LIABILITY THAT DEPARTMENT OR THE STATE OF TEXAS MAY HAVE BY <br />OPERATION OF LAW. <br />Page - 4 <br />