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<br /> lEXA.S 'TRAFFIC SAFETY PROGRAM GRANT AGREEMENT
<br /> G9. Termination
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<br /> The Department may terminate this agreement at any time before the date of completion whenever it is
<br /> determined that the Subgrantee has failed to comply with the conditions of the agreement. The Department shall
<br /> give written notice to the Subgrantee at least seven days prior to the effective date of termination and specify the
<br /> effective date of termination and the reàson for termination.
<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 shall agree upon the terminaÜon
<br /> conditions, including the effective date and the portion to be terminated.
<br /> Upon termination of this agreement, whether for cause or at the convenience of the parties hereto, all frnished or
<br /> unfmished documents, data, studies, surveys, reports, maps, drawings, models, photographs, etc. prepared by the
<br /> Subgrantee shall, at the option of the Department, become the property of the Department.
<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
<br /> incur new obligations for' the terminated portion after the effective date of termination. -
<br /> Except with respect to defaults of subcontractors, the Subgrantee shall 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 unusually severe weather. In every case, however, the failure to
<br /> perform must be beyond the control and without the fault or negligence of the Sub grantee.
<br /> GIO. Gratuities
<br /> Texas Transportation Commission policy mandates that employees of the Department shall not accept any
<br /> benefits, gifts or favors from any person doing business with or who reasonably speaking may do business with
<br /> the Department under this agreement. The only exceptions allowed are ordinary business lunches and items that
<br /> have received the advanced written approval of the Department's Executive Director.
<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 /> Gll. Compliance With Laws
<br /> The Subgrantee shall comply with all Federal, State and local laws, statutes, ordinances, rules and regulations,
<br /> and the orders and decrees of any courts or administrative bodies or tribunals in any matter affecting the
<br /> performance of this agreement, including, without limitation, workers' compensation laws, minimum and
<br /> maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, the
<br /> Subgrantee shall furnish the Department with satisfactory proof of its compliance therewith.
<br /> G12. Successors and Assigns
<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 of this agreement. The Subgrantee shall not assign, sublet, or transfer its interest and
<br /> obligations in this agreement without written consent of the Department.
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