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<br /> ARTICLE 33. Funding Participation Requirement <br /> <br /> PERFORMING AGENCY agrees funds provided through this contract will not be used for matching purposes in <br /> securing other funding unless otherwise directed or approved by RECEIVING AGENCY. <br /> ARTICLE 34. Conflict ofInterest <br /> PERFORMING AGENCY does not have nor shall it knowingly acquire any interest that would conflict in any <br /> manner with the perfonnance of its obligations under this contract. Potential conflicts of interest include an existing <br /> business or personal relationship between PERFORMING AGENCY, its principal, or any affiliate or subrecipient <br /> with RECEIVING AGENCY, its officers or employees, or any other entity or person involved in any way in any <br /> project that is the subject of this contract. <br /> ARTICLE 35. Survival of Terms <br /> Tennination or expiration of this contract for any reason shall not release either party from any liabilities or <br /> obligations set forth in this contract that (a) the parties have expressly agreed shall survive any such tennination <br /> or expiration, or (b) remain to be perfonned or by their nature would be intended to be applicable following any <br /> such tennination or expiration. <br /> ARTICLE 36. No Waiver of Sovereign Immunity <br /> <br /> THE PARTIES EXPRESSLY AGREE THAT NO PROVISION OF THIS CONTRACT IS IN ANY WAY <br /> INTENDED TO CONSTITUTE A WAIVER OF ANY IMMUNITIES FROM SUIT OR FROM LIABILITY <br /> THAT THE PARTIES OR THE STATE OF TEXAS MAY HAVE BY OPERATION OF LAW. <br /> ARTICLE 37. Certifications <br /> , <br /> The governing body of each party has authorized this contract. RECEIVING AGENCY is paying for the <br /> perfonnance 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 /> perfonned under the contract. <br /> (LGS) 1999 GENERAL PROVISIONS Page 22 4/98 <br />