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<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, or <br />national origin. <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, if CAP CO 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 />diligence and in good faith to correct the breach. If the breach cannot be corrected within a <br />reasonable time, despite the breaching party's reasonable diligence and good faith effort to do so. <br />the parties may agree to terminate the contract or either party may invoke the dispute resolution <br />process of Art. 11. <br /> <br />10.3. If CAPCO suspends payment to Public Agency under paragraph 10.1, or if this <br />contract is terminated under paragraph 10.1 or 10.2, CAPCO and Public Agency are each <br />entitled to compensation for goods and services each provided the other before receiving notice <br />of the suspension or termination. However, neither CAPCO nor Public Agency is liable to the <br />other for costs it paid or incurred under this contract after or in anticipation of its receipt of <br />notice of suspension or termination. <br /> <br />lOA. Termination for breach under paragraph 10.2 does not waive either party's claim <br />for damages resulting from the breach, and both CAPCO and Public Agency among other <br /> <br />4 <br />