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<br />1. Contractor shall submit such Form 270 to Department by the fifth (5th) <br />calendar day of the month for which an advance payment is sought covering total <br />costs for which disbursement of funds will be made by Contractor from the <br />sixteenth (16th) day of such month through the last calendar day of the same <br />month. <br />2. Contractor shall submit such Form 270 to Department by the twentieth (20th) <br />calendar day of the month preceding the month for which an advance payment is <br />sought covering total costs for which disbursement of funds will be made by <br />Contractor from the first (1st) calendar day of the month through the fifteenth <br />(15th) calendar day of the month following the month in which such Form 270 was <br />submitted to Department. <br />B. Contractor1s requests for advances shall be limited to the minimum amounts <br />needed for effective operation of programs under this contract, and shall be <br />timed as closely as possible to be in accord with actual cash requirements. <br />Contractor shall establish procedures to minimize the time elapsing between the <br />transfer of funds from Department to Contractor and the disbursal of such funds <br />by Contractor. <br />C. Notwithstanding the provisions of Sections 5 (A) of this contract, it is <br />expressly understood and agreed by the parties hereto that payments under this <br />contract are contingent upon Contractor's full and satisfactory performance of <br />its obligations under this contract. <br />D. It is expressly understood and agreed by the parties hereto that any right <br />or remedy provided for in this Section 5 or in any other provision of this <br />contract shall not preclude the exercise of any other right or remedy under <br />this contract or under any provisions of law, nor shall any action taken in the <br />exercise of any right or remedy be deemed a waiver of any other rights or <br />remedies. Failure to exercise any right or remedy hereunder shall not <br />constitute a waiver of the right to exercise that or any other right or remedy <br />at any time. <br />SECTION 6. UNIFORM ADMINISTRATIVE REQUIREMENTS, COST <br /> PRINCIPLES, AND PROGRAM INCOME <br />A. Contractor shall comply with Office of Management and Budget (OMB) Circular <br />A-102 as supplemented by the rules promulgated by the Office of the Governor at <br />7 Tex. Reg. 3172 (August 31, 1982) under the Uniform Grant and Contract <br />Management Act of 1981 (TEX.REV.CIV.STAT.ANN.art. 4413 (32g) .), hereinafter <br />referred to as the Management Standards, except to the extent that Department <br />establishes variations from the Management Standards in accordance with Section <br />6 of such Act. <br />B. The a11owabi1ity of costs incurred for performances rendered hereunder <br />shall be determined in accordance with OMB Circular A-87, as supplemented by <br />Section 5.150 of the Management Standards, and this contract. <br />C. Contractor shall comply with the standards set forth in Attachment E of OMB <br />Circular A-102 as supplemented by Section 5.156 of the Management Standards to <br />account for program income related to activities financed in whole or in part <br />with funds provided under this contract. <br /> 1. Contractor shall maintain records of the receipt, accrual, <br /> and disposition of all program income in the same manner as <br /> required for all other funds under this contract, and Contractor <br /> PAGE 3 OF 10 <br />