Res 1994-159 - Laserfiche WebLink

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; ¡ro TEXAS TRAFFIC SAFETY PROGRAM AGREEMENT ARTICLE 8. GENERAL TERMS AND CONDITIONS Gl. Indemnification To the extent permitted by law, the Subgrantee, if other than a State agency, shall save harmless the Department from all claims and liability due to the acts or omissions of the Sub grantee, its agents or employees. The Subgrantee also agrees to save harmless the Department from any and all expenses, including attorney fees, all court costs and awards for damages, incurred by the Department in litigation or otherwise resisting such claims or liabilities as a result of any activities of the Subgrantee, its agents or employees. Further, to the extent permitted by law, the Subgrantee, if other than a State agency, agrees to protect, indemnify, and save harmless the. Department from and against all claims, demands and causes of action of every kind and character brought by any employee of the Subgrantee against the Department due to personal injuries and/or death to such employee resulting from any alleged negligent act, by either cormnission or omission on the part of the Subgrantee or the Department. G2. Inspection of Work The Department and, when federal funds are involved, the U. S. Department of Transportation, and any authorized representative thereof, have the right at all reasonable times to inspect or otherwise evaluate , the work performed or being performed hereunder and the premises in which it is being performed. If any inspection or evaluation is made on the premises of the Sub grantee or a subcontractor, the Subgrantee shall provide and require his subcontractor to provide all reasonable facilities and assistance for the safety and convenience of the inspectors in the performance of their duties. All inspections and evaluations shall be performed in such a manner as will not unduly delay the work. G3. Disputes and Remedies The Subgrantee shall be responsible for the settlement o,f all contractual and administrative issues arising out of procurement entered in support of agreement work. Disputes concerning performance or payment shall be submitted to the Department for settlement with the Executive Director acting as referee. This agreement shall not be considered as specifying the exclusive remedy for any dispute or violation or breach of agreement terms, but all remedies existing at law and in equity may be availed of by either party and shall be cumulative. G4. Noncollusion The Sub grantee warrants that it has not employed or retained any company or person, other than a bona fide employee working for it, to solicit or secure this agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon or resulting from the award or making ,of 07/94 Page 5 of 13