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Fiscal Year 2012 Department of State Health Services Contract <br />General Provisions <br />(Core/Subrecipient) <br />cost reimbursement contracts of any amount do not require written amendment or prior approval or <br />notification. <br />Section 13.17 Contractor's Request for Revision of Certain Contract Provisions. A Contractor's <br />Revision Request is an alternative method for amending certain specified provisions of this Contract that is <br />initiated by Contractor, but must be approved by DSHS. The following amendments to this Contract may be <br />made through a Contractor's Revision Request, rather than through the amendment process described in the <br />Amendment section of this Article: <br />a) cumulative budget transfers among direct cost categories, other than the equipment category, that <br />exceed 10% of Program Attachments of $100,000 or more, provided that the total budget amount is <br />unchanged; <br />b) budget transfer to other categories of funds for direct payment to trainees for training allowances; <br />c) change .in clinic hours or location; <br />d) change in the equipment list substituting an item of equipment equivalent to an item of equipment on <br />the approved budget; <br />e) changes in the equipment category of a previously approved equipment budget (other than acquisition <br />of additional equipment, which requires an amendment to this Contract); and <br />f) changes specified in applicable OMB Circular cost principles as requiring prior approval, regardless of <br />dollar threshold (e.g., foreign travel expenses, overtime premiums, membership fees. <br />In order to request a revision of any of the enumerated provisions, Contractor shall obtain a Contract Revision <br />Request form from the DSHS website available at http: / /www.dShs.state.tx.us /grants /forms.shtm, and complete <br />the form as directed by the Department. Two copies of the completed form must be signed by Contractor's <br />representative who is authorized to sign contracts on behalf of Contractor, and both original, signed forms <br />must be submitted to the contract manager assigned to the Program Attachment. Any approved revision will <br />not be effective unless signed by the DSHS Director of the Client Services Contracting Unit. A separate <br />Contractor Revision Request is required for each Program Attachment to be revised. Circumstances of a <br />requested contract revision may indicate the need for an amendment described in the Amendment section of <br />this Article rather than a contract revision amendment under this section. <br />Section 13.18 Immunity Not Waived. THE PARTIES EXPRESSLY AGREE THAT NO PROVISION OF <br />THIS CONTRACT IS IN ANY WAY INTENDED TO CONSTITUTE A WAIVER BY DEPARTMENT OR <br />THE STATE OF TEXAS OF ANY IMMUNITIES FROM SUIT OR FROM LIABILITY THAT <br />DEPARTMENT OR THE STATE OF TEXAS MAY HAVE BY OPERATION OF LAW. <br />Section 13.19 Hold Harmless and Indemnification. Contractor, as an independent contractor, agrees to <br />hold Department, the State of Texas, individual state employees and officers, and the federal government <br />harmless and to indemnify them from any and all liability, suits, claims, losses, damages and judgments; and <br />to pay all costs, fees, and damages to the extent that such costs, fees, and damages arise from performance or <br />nonperformance of Contractor, its employees, subcontractors, joint venture participants or agents under this <br />Contract. <br />Section 13.20 Waiver. Acceptance by either Party of partial performance or failure to complain of any <br />action, non - action or default under this Contract will not constitute a waiver of either Party's rights under this <br />Contract. <br />Section 13.21 Electronic and Information Resources Accessibility and Security Standards. As required <br />by I Tex. Admin. Code Chapters 213 and 206, as a state agency, DSHS must procure products that comply <br />with the State of Texas Accessibility requirements for Electronic and Information Resources specified in 1 <br />General Provisions (Core Subrecipient) 2012 30 <br />