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Res 1995-219
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Res 1995-219
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6/27/2007 4:48:58 PM
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6/27/2007 4:48:58 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Contract
Number
1995-219
Date
12/11/1995
Volume Book
121
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<br /> f 2'JD <br />TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT <br />ARTICLE 6. CHANGES IN WORK <br />\Vhen the approved project description requires a completed work product, the Department will review the work <br />as specified in the approved project dèScription, If the Department finds it necessary to request changes in <br />, previously satisfactorily completed work or parts thereof, the Subgrantee will make such revisions as requested <br />and directed by the Department. Such work will be considered as additional work and subject to the <br />requirements established in Article 5. <br />If the Department finds it necessary to require the Subgraritee to revise completed work to correct errors <br />appearing therein, the Subgrantee shall make such corrections and no compellSation wiI! be paid for the <br />corrections, <br /> 'I <br />ARTICLE 7. GENERAL TER1\1S AND CONDITIONS <br />Gl. Indemnification <br />To the extent permitted by law, the Subgrantee, if other than a State agency, shall save harmless the Department <br />from all claims and liability due to the acts or omissions of the Subgrantee, its agents or employeèS. The <br />Subgrantee also agrees to save harmless the Department from any and all expenses. including attorney fees, all <br />court costs and awards for damages, incurred by the Department in litigation or otherwise resisting such claims <br />or liabilities as a result of any activitièS of the Subgrantee, its agents or employees. <br />Further, to the extent permitted by law, the Subgrantee, if other than a State agency, agrees to protect, <br />indemnify, and save harmless the Department from and against all claims, demands and causes of action of <br />every kind and character brought by any employee of the Subgrantee against the Department due to personal <br />injuries and/or death to such employee resulting' from any alleged negligent act, by either.¡çornrnission or <br />omission on the part of the Sub grantee or the Department. <br />G2. Inspection of Work <br />The Department and, when federal funds are involved, the U, S, Department of Transportation, and any <br />authorized representative thereof, have the right at all reasonable times to inspect or otherwise evaluate the work <br />perfonned or being performed hereunder and the premises in which it is being performed. <br />If any inspection or evaluation is made on the premises of the Subgrantee or a subcontractor, the Subgrantee <br />shall provide and require his subcontractor to provide all reasonable facilities and assistance for the safety and <br />convenience of the inspectors in the performance of their duties. , All inspections and evaluations shaH be <br />performed in such a manner as will not unduly delay the work. <br />G3. Disputes and Remedies <br /> . . '. <br />The Subgrantee shaH be responsible for the settlement of all contractual and administrative issues arising out of <br />procurement entered in support of agreement work. <br />Disputes concerning performance or payment shall be submitted to the Department for settlement with the <br />Executive Director acting as referee, <br />This agreement shall not be considered as specifying the exclusive remedy for any dispute or violation or breach <br />of agreement terms, but all remedièS existing at law and in equity may be availed of by either party and shall be <br />cumulative. <br /> Page 5 of 10 7/95 <br />
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