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<br />Attachment B
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<br />Project Title: STEP Wave
<br />Subgrantee: City of San Marcos
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<br />B. Favorable developments or events that enable meeting time schedules and ObjectIves sooner than
<br />antIcIpated or achieving greater performance measure output than originally proj ected.
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<br />ARTICLE 8. RECORDS
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<br />The Sub grantee agrees to mamtam all reports, documents, papers, accounting records, books, and other
<br />eVIdence pertaimng to costs mcurred and work performed hereunder, (hereinafter called the records), and
<br />shall make such records avaIlable at its office for the time penod authorized within the Grant Penod, as
<br />specIfied on page 1 of this Grant Agreement. The Sub grantee further agrees to retain saId records for
<br />four (4) years from the date of final payment under thIS Agreement, until completion of all audIts, or untIl
<br />pendmg lttigation has been completely and fully resolved, whichever occurs last.
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<br />Duly authorized representatIves ofthe Department, the USDOT, the Office of the Inspector General,
<br />Texas State AudItor, and the Comptroller General shall have access to the records. This right of access IS
<br />not lImited to the four (4) year period but shall last as long as the records are retained.
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<br />ARTICLE 9. INDEMNIFICATION
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<br />To the extent permitted by law, the Subgrantee, if other than a government entIty, shall indemmfy, hold,
<br />and save harmless the Department and ItS officers and employees from all claims and lIabilIty due to the
<br />acts or omISSIOns of the Sub grantee, its agents, or employees. The Subgrantee also agrees, to the extent
<br />permitted by law, to mdemmfy, hold, and save harmless the Department from any and all expenses,
<br />Includmg but not limited to attorney fees, all court costs and awards for damages mcurred by the
<br />Department In lItIgatIOn or otherwIse resisting such claims or liabilIties as a result of any actiVItIes of the
<br />Subgrantee, ItS agents, or employees.
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<br />Further, to the extent permitted by law, the Subgrantee, If other than a government entity, agrees to
<br />protect, indemnify, and save harmless the Department from and agamst all claims, demands, and causes
<br />of action of every kmd and character brought by any employee of the Sub grantee agamst the Department
<br />due to personal Injuries or death to such employee resultmg from any alleged neglIgent act, by either
<br />commission or omiSSIOn on the part of the Subgrantee.
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<br />If the Subgrantee IS a government entity, both partIes to thIS Agreement agree that no party IS an agent,
<br />servant, or employee of the other party and each party agrees it IS responsible for ItS mdIVIdual acts and
<br />deeds, as well as the acts and deeds of its contractors, employees, representatIves, and agents.
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<br />ARTICLE 10. DISPUTES AND REMEDIES
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<br />This Agreement supercedes any prior oral or written agreements. If a conflict arises between this
<br />Agreement and the Traffic Safety Program Manual, this Agreement shall govern.
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<br />The Subgrantee shall be responsible for the settlement of all contractual and administrative issues arising
<br />out of procurement made by the Sub grantee in support of Agreement work.
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<br />DIsputes concernmg performance or payment shall be submItted to the Department for settlement, WIth
<br />the Executive DIrector or his or her designee acting as final referee.
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<br />Page 6 of 12
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<br />TxDOT Form 1854 (rev. 7/20/2004)
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