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based on the grounds of forum non conveniens, which it may now or hereafter have to the <br />bringing of any action or proceeding in such jurisdiction in respect of this Contract or any <br />document related hereto. Severability <br />If any provision contained in this Contract is held to be unenforceable by a court of law or <br />equity, this Contract will be construed as if such provision did not exist and the non - <br />enforceability of such provision will not be held to render any other provision or provisions of <br />this Contract unenforceable. <br />9.10 Survivability <br />Termination or expiration of this Contract or a Contract for any reason will not release either <br />party from any liabilities or obligations in this Contract that the parties have expressly agreed <br />will survive any such termination or expiration, remain to be performed, or by their nature would <br />be intended to be applicable following any such termination or expiration, including maintaining <br />confidentiality of information and records retention. <br />9.11 Force Majeure <br />Except with respect to the obligation of payments under this Contract, if either of the Parties, <br />after a good faith effort, is prevented from complying with any express or implied covenant of <br />this Contract by reason of war; terrorism; rebellion; riots; strikes; acts of God; any valid order, <br />rule, or regulation of governmental authority; or similar events that are beyond the control of the <br />affected Party (collectively referred to as a "Force Majeure"), then, while so prevented, the <br />affected Party's obligation to comply with such covenant will be suspended, and the affected <br />Party will not he liable for damages for failure to comply with such covenant. In any such event, <br />the Party claiming Force Majeure will promptly notify the other Party of the Force Majeure <br />event in writing and, if possible, such notice will set forth the extent and duration thereof. <br />9.12 No Waiver of Provisions <br />Neither failure to enforce any provision of this Contract nor payment for services provided under <br />it constitute waiver of any provision of the Contract. <br />9.13 Publicity <br />Except as provided in the paragraph below, Grantee must not use the name of, or directly or <br />indirectly refer to, the System Agency, the State of Texas, or any other State agency in any <br />media release, public announcement, or public disclosure relating to the Contract or its subject <br />matter, including in any promotional or marketing materials, customer lists, or business <br />presentations. <br />Grantee may publish, at its sole expense, results of Grantee performance under the Contract with <br />the System Agency's prior review and approval, which the System Agency may exercise at its <br />sole discretion. Any publication (written, visual, or sound) will acknowledge the support <br />received from the System Agency and any Federal agency, as appropriate. <br />9.14 Prohibition on Non -compete Restrictions <br />Grantee will not require any employees or Subcontractors to agree to any conditions, such as <br />non -compete clauses or other contractual arrangements that would limit or restrict such persons <br />or entities from employment or contracting with the State of Texas. <br />System Agency Contract No. 2017-049738-001 <br />Page 17 of 19 <br />v, 11.30.15 <br />