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<br />TEXAS TRAFFrC SAFETY PROGRAM GRANT AGREEMENT <br /> <br />ARTICLE 7. GENERAL TERMS AND CONDITIONS <br /> <br />G 1. Indemnification <br /> <br />To the extent permitted by law, the Subgrantee, if other than a State agency, shall save harmless the Department <br />from all claims and liability due to the acts or omissions of the Subgrantee, its agents or employees. The Subgrantee <br />also agrees to save harmless the Department from any and all expenses, including attorney fees, all court costs and <br />awards for damages, incurred by the Department in litigation or otherwise resisting such claims or liabilities as a <br />result of any activities of the Subgrantee, its agents or employees. <br /> <br />Further, to the extent permitted by law, the Subgrantee, if other than a State agency, agrees to protect, indemnify, <br />and save harmless the Department from and against all claims, demands and causes of action of every kind and <br />character brought by any employee of the Subgrantee against the Department due to personal injuries and/or death <br />to such employee resulting from any alleged negligent act, by either commission or omission on the part of the <br />Subgrantee or the Department. <br /> <br />G2. Inspection of Work <br /> <br />The Department and, when federal funds are involved, the U. S. Department of Transportation, and any authorized <br />representative thereof, have the right at all reasonable times to inspect or otherwise evaluate the work performed or <br />being performed hereunder and the premises in which it is being performed. <br /> <br />If any inspection or evaluation is made on the premises of the Subgrantee or a subcontractor, the Subgrantee shall <br />provide and require the subcontractor to provide all reasonable facilities and assistance for the safety and <br />convenience of the inspectors in the performance of their duties. All inspections and evaluations shalI be performed <br />in such a manner as will not unduly delay the work. <br /> <br />G3. Disputes and Remedies <br /> <br />The Subgrantee shall be responsible for the settlement of all contractual and administrative issues arising out of <br />procurement entered in support of agreement work. <br /> <br />Disputes concerning performance or payment shall be submitted to the Department for settlement with the <br />Executive Director acting as referee. <br /> <br />This agreement shall not be considered as specifYing the exclusive remedy for any dispute or violation or breach of <br />agreement terms, but all remedies existing at law and in equity, may be availed of by either party and shall be <br />cumulative. <br /> <br />G4. NoncolIusion <br /> <br />The Subgrantee warrants that it has not employed or retained any company or person, other than a bona fide <br />employee working for it, to solicit or secure this agreement, and that it has not paid or agreed to pay any company <br />or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other <br />consideration contingent upon or resulting from the award or making of this agreement. If the Subgrantee breaches <br />or violates this warranty, the Department shall have the right to annul this agreement without liability or, in its <br />discretion, to deduct from the agreement price or consideration, or otherwise recover the full amount of such fee, <br />commission, brokerage fee, gift, or contingent fee. <br /> <br />Page 5 of /0 <br /> <br />6/99 <br />