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which it was mailed to the Party at the address specified by the Party to the other Party in writing or, <br />if sent by certified mail, on the date of receipt. <br />Section 13.09 Successors. This Contract will be binding upon the Parties and their successors and <br />assignees, except as expressly provided in this Contract. <br />Section 13.10 Headings. The articles and section headings used in this Contract are for convenience <br />of reference only and will not be construed in any way to define, limit or describe the scope or intent <br />of any provisions. <br />Section 13.11 Parties. The Parties represent to each other that they are entities fully familiar with <br />transactions of the kind reflected by the contract documents, and are capable of understanding the <br />terminology and meaning of their terms and conditions and of obtaining independent legal advice <br />pertaining to this Contract. <br />Section 13.12 Survivability of Terms. Termination or expiration of this Contract or a Program <br />Attachment for any reason will not release either Party from any liabilities or obligations in this <br />Contract that (a) the Parties have expressly agreed will survive any such termination or expiration, or <br />(b) remain to be performed or (c) by their nature would be intended to be applicable following any <br />such termination or expiration. <br />Section 13.13 Direct Operation. At the Department's discretion, the Department may temporarily <br />assume operations of a Contractor's program or programs funded under this Contract when the <br />continued operation of the program by Contractor puts at risk the health or safety of clients and/or <br />participants served by Contractor. <br />Section 13.14 Customer Service Information. If requested, Contractor shall supply such <br />information as required by the Department to comply with the provisions of Tex. Gov. Code Chapter <br />2114 regarding Customer Service surveys. <br />Section 13.15 Amendment. The Parties agree that the Department may unilaterally reduce funds <br />pursuant to the terms of this Contract without the written agreement of Contractor. All other <br />amendments to this Contract must be in writing and agreed to by both Parties, except as otherwise <br />specified in the Contractor's Notification of Change to Certain Contract Provisions section or the <br />Contractor's Request for Revision to Certain Contract Provisions section of this Article. Contractor's <br />request for certain budget revisions or other amendments must be submitted in writing, including a <br />justification for the request, to the contract manager assigned to the Program Attachment; and if a <br />budget revision or amendment is requested during the last quarter of the Contract or Program <br />Attachment term, as applicable, Contractor's written justification must include a reason for the delay <br />in making the request. Revision or other amendment requests may be granted at the discretion of <br />DSHS. Except as otherwise provided in this Article, Contractor shall not perform or produce, and <br />DSHS will not pay for the performance or production of, different or additional goods, services, work <br />or products except pursuant to an amendment of this Contract that is executed in compliance with this <br />section; and DSHS will not waive any term, covenant, or condition of this Contract unless by <br />amendment or otherwise in compliance with this Article. <br />General Provisions (Core Subrecipient) 2011 28 <br />