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<br />PSAP03: 6/02 <br /> <br />8.3. If an audit of or information in the records is disputed or the subject of litigation, <br />Public Agency agrees to preserve the records until the dispute or litigation is finally concluded, <br />regardless of the expiration or early termination of this contract. <br /> <br />8.4. CAPCO is entitled to inspect and copy, during normal business hours at Public <br />Agency's offices where they are maintained, the records maintained under this contract for as <br />long as they are preserved. CAPCO is also entitled to visit Public Agency's offices, talk to its <br />personnel, and audit its records, all during normal business hours, to assist in evaluating its <br />performance under this contract. <br /> <br />8.5. CAPCO agrees to notify Public Agency at least 24 hours in advance of any intended <br />visit for the purposes described in paragraph 8.4. Upon receipt of CAPCO's notice, Public <br />Agency agrees to notify the appropriate department(s) specified in the notice. <br /> <br />8.6. The Texas Commission on State Emergency Communications and the Texas State <br />Auditor have the same inspection, copying, and visitation rights as CAPCO. <br /> <br />Art. 9. Nondiscrimination and Equal Opportunity <br /> <br />9.1. Public Agency shall not exclude anyone from participating under this contract, deny <br />anyone benefits under this contract, or otherwise unlawfully discriminate against anyone in <br />carrying out this contract because of race, color, religion, sex, age, disability, handicap, veteran <br />status, or national origin. <br /> <br />9.2. If Public Agency procures goods or services with funds made available under this <br />contract, Public Agency agrees to comply with CAPCO's affirmative action procurement policy, <br />which is set out in CAPCO's 9-1-1 Policies and Procedures Manual. <br /> <br />Art. 10. Suspension and Early Termination of Contract <br /> <br />10.1. Public Agency acknowledges that CAPCO's sole source of funding for this contract <br />is a legislative appropriation distributed under contract between CAPCO and the Texas <br />Commission on State Emergency Communications. If the Commission does not make timely <br />payments to CAPCO under its contract, CAPCO may suspend payment to Public Agency under <br />this contract by giving Public Agency notice of the suspension. The suspension is effective five <br />business days after Public Agency's receipt of the notice. Upon suspension of payment, Public <br />Agency's obligations under this contract are also suspended until CAPCO resumes payment. If <br />the suspension continues for a cumulative total of 30 or more calendar days, or if the <br />Commission terminates its contract with CAPCO, CAPCO or Public Agency may terminate this <br />contract by giving the other notice of termination, and this contract terminates five business days <br />after the receipt of notice. <br /> <br />10.2. Except as provided in paragraphs 3.3 and 3.4, ifCAPCO or Public Agency <br />breaches a material provision of this contract, the other may notify the breaching party <br />describing the breach and demanding corrective action. The breaching party has five business <br />days from its receipt of the notice to correct the breach, or to begin and continue with reasonable <br /> <br />4 <br />