|
<br />TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT
<br />
<br />G9. Termination
<br />
<br />The Department may terminate this agreement at any time before the date of completion whenever it is determined
<br />that the Subgrantee has failed to comply with the conditions of the agreement. The Department shaIl give written
<br />notice to the Subgrantee at least seven days prior to the effective date of termination and specify the effective date
<br />of termination and the reason for termination.
<br />
<br />If both parties to this agreement agree that the continuation of the agreement would not produce beneficial
<br />results commensurate with the further expenditure of funds, the parties shaIl agree upon the termination conditions,
<br />including the effective date and the portion to be terminated.
<br />
<br />Upon termination of this agreement, whether for cause or at the convenience of the parties hereto, all finished or
<br />unfinished documents, data, studies, surveys, reports, maps, drawings, models, photographs, etc. prepared by the
<br />Subgrantee shaIl, at the option of the Department, become the property of the Department.
<br />
<br />The Department shall compensate the Subgrantee for those eligible expenses incurred during the agreement period
<br />which are directly attributable to the completed portion of the work covered by this agreement, provided that the
<br />work has been completed in a manner satisfactory and acceptable to the Department. The Subgrantee shall not incur
<br />new obligations for the terminated portion after the effective date oftermination.
<br />
<br />Except with respect to defaults of subcontractors, the Subgrantee shaIl not be in default by reason of any failure in
<br />performance of this agreement in accordance with its terms (including any failure by the Subgrantee to progress in
<br />the performance of the work) if such failure arises out of causes beyond the control and without the default or
<br />negligence of the Subgrantee. Such causes may include but are not limited to acts of God or of the public enemy,
<br />acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine
<br />restrictions, strikes, freight embargoes, and unusuaIly severe weather. In every case, however, the failure to perform
<br />must be beyond the control and without the fault or negligence of the Subgrantee.
<br />
<br />GI0. Gratuities
<br />
<br />Texas Transportation Commission policy mandates that employees of the Department shall not accept any benefits,
<br />gifts or favors from any person doing business with or who reasonably speaking may do business with the
<br />Department under this agreement. The only exceptions aIlowed are ordinary business lunches and items that have
<br />received the advanced written approval of the Department's Executive Director.
<br />
<br />Any person doing business with or who reasonably speaking may do business with the Department under this
<br />agreement may not make any offer of benefits, gifts or favors to Department employees, except as mentioned
<br />hereabove. Failure on the part of the Subgrantee to adhere to this policy may result in termination of this
<br />agreement.
<br />
<br />Gl1. Compliance With Laws
<br />
<br />The Subgrantee shaIl comply with all Federal, State and local laws, statutes, ordinances, rules and regulations, and
<br />the orders and decrees of any courts or administrative bodies or tribunals in any matter affecting the performance of
<br />this agreement, including, without limitation, workers' compensation laws, minimum and maximum salary and
<br />wage statutes and regulations, and licensing laws and regulations. When required, the Subgrantee shaIl furnish the
<br />Department with satisfactory proof of its compliance therewith.
<br />
<br />G 12. Successors and Assigns
<br />
<br />The Department and the Subgrantee each binds itself, its successors, executors, assigns and administrators to the
<br />other party to this agreement and to the successors, executors, assigns and administrators of such other party in
<br />respect to all covenants ofthis agreement. The Subgrantee shaIl not assign, sublet, or transfer interest and
<br />obligations in this agreement without written consent of the Department.
<br />
<br />Page 7 of 10
<br />
<br />6/99
<br />
|