Res 1986-113 - Laserfiche WebLink

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C. Special Provisions D. General Provisions XXII. ASSIGNMENT AND TRANSFER: The Contractor shall not assign, sell, transfer or otherwise dispose of this contract or any portion of it, or his rights, title or interest in it, without the approval of the Commission. Each party binds himself and his partners, successors, administrators and executors. XXIII. CANCELLATION: The Department may cancel this contract if the Contractor violates any of the laws of the United States of America or the State of Texas. In such event, the Contractor shall be reimbursed only for those costs incurred prior to the contract's cancellation, computed as set forth in General Provision IV: Conditions for Termination Prior to Completion. XXIV. CONTRACTOR'S LIABILITY: The Contractor shall be liable for any loss of, or injury to, any material acquired, provided, developed or serviced under this contract which is caused by the Contractor's failure to exercise such care in regard to said material as a reasonably careful owner of similar materials would exercise. XXV. HOLD HARMLESS: (Does Not Apply If Contractor Is A State Agency.) The Contractor is an independent Contractor and not an agent, servant, or employee of the State. The Contractor shall hold the State and its representatives harmless from all suits, actions or claims of any kind brought on account of any person or property in consequence of any neglect in safeguarding the work, or of any act or omission by the Contractor or its employees, or from any claims or amounts arising or recovered under Workmen's Compensation Laws or any other law, bylaw, ordinance, regulation, order, or decree. The Contractor shall be responsible for all damage to property and personal injury of any kind resulting from any act, omission, neglect, or misconduct of any employee or agent of the Contractor in the manner or method of performing the work for the period of the contract. XXVI. TAX AND COMPENSATION LIABILITY: Nothing herein contained shall be construed as incurring for the Department or the State any liability for Workmen's Compensation, F.I.C.A., Withholding Tax, Unemployment Compensation, or any other payment which would be required to be paid by the Department of the State if the Department and the Contractor were standing in an employer-employee rela- tionship, and the Contractor hereby agrees to assume and pay all such liabilities. (Revised 3/84) 11 of 14