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<br />PERFORMING AGENCY will utilize RECEIVING AGENCY's policies and procedures for hiring and promoting <br />individuals into state-budgeted positions funded by this contract. Qualifications of any individuals filling these <br />positions will be subject to approval of RECEIVING AGENCY's Bureau of Human Resources. The purpose of <br />the approval is to ensure that individuals occupying these positions meet minimum educational and experience <br />requirements. <br /> <br />PERFORMING AGENCY will maintain required records and submit documents necessary to process personnel, <br />payroll, leave and time records, and travel costs on state~budgeted positions. RECEIVING AGENCY will furnish <br />documentation regarding salary compensation or travel reimbursement for employees on state-budgeted positions. <br /> <br />An independent audit is not required as a condition of this contract if the Attachment provides assistance through <br />assignment of state-budgeted positions and no funds are budgeted for local costs. <br /> <br />PERFORMING AGENCY may be reimbursed for local personnel costs or other categories of expense used to <br />fulfill the scope of work of applicable Attachment(s) in lieu of being furnished state payroll warrants after a state~ <br />budgeted position becomes vacant. Reimbursement will not exceed the balance of funds on the state-budgeted <br />position after all benefits, obligations, and/or other entitlements are met. PERFORMING AGENCY's Director, <br />or other person(s) authorized elsewhere in this contract, may submit a request for conversion. RECEIVING <br />AGENCY will transmit formal approval and a revised budget to PERFORMING AGENCY to complete the <br />conversion if the request is granted. <br /> <br />ARTICLE 36. Survival of Terms <br /> <br />Termination or expiration of this contract for any reason shall not release either party from any liabilities or <br />obligations set forth in this contractthat (a) the parties have expressly agreed shall survive any such termination <br />or expiration, or (b) remain to be performed or by their nature would be intended to be applicable following any <br />such termination or expiration. <br /> <br />ARTICLE 37. No Waiver of Sovereign Immunity <br /> <br />TIlE PARTIES EXPRESSLY AGREE THAT NO PROVISION OF TIDS CONTRACT IS IN ANY WAY <br />INTENDED TO CONSTITUTE A WAIVER OF ANY IMMUNITmS FROM SUIT OR FROM LIABILITY <br />THAT THE PARTmS OR THE STATE OF TEXAS MAY HAVE BY OPERATION OF LAW. <br /> <br />ARTICLE 38. Certifications <br /> <br />The governing body of each party has authorized this contract. RECEIVING AGENCY is paying for the <br />performance of governmental functions and services from current revenues available to RECEIVING AGENCY. <br />The payment is in an amount that fairly compensates PERFORMING AGENCY for the services or functions <br />performed under the contract. <br /> <br />(LGS) <br /> <br />2000 GENERAL PROVISIONS Page 24 <br /> <br />4/99 <br />