Res 1994-159 - Laserfiche WebLink

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I?E TEXAS TRAFFIC SAFETY PROGRAM AGREEMENT G8. Subcontracts Any subcontract for professional services rendered by individuals or organizations not a part of the Subgrantee's orgaIÙzation shall not be executed without prior authorization and approval of the subcon- tract by the Department and, when federal funds are involved, the U.S. Department of Transportation. Subcontracts in excess of $25,000 shall contain all required provisions of this agreement. No subcontract will relieve the Subgrantee of its responsibility under this agreement. G9. Termination The Department may terminate this agreement at any time before the date of completion whenever it is determined that the Sub grantee has failed to comply with the conditions of the agreement. The Department shall give written notice to the Sub grantee at least seven days prior to the effective date of termination and specify the effective date of termination and the reason for termination. If both parties to this agreement agree that the continuation of the agreement would not produce beneficial results commensurate with the further expenditure of funds, the parties shall agree upon the termination conditions, including the effective date and the portion to be terminated. Upon termination of this agreement, whether for cause or at the convenience Ôf the parties hereto, all finished or unfinished documents, data, studies, surveys, reports, maps, drawings, models, photographs, etc. prepared by the Sub grantee shall, at the option of the Department, become the property of the Department. The Department shall compensate the Sub grantee for those eligible expenses incurred during tþ.e agreement period which are directly attributable to the completed portion of the work covered by this agreement, provided that the work has been completed in a manner satisfactory and acceptable to the Department. The Sub grantee shall not incur new obligations for the terminated portion after the effective date of termination. Except with respect to defaults of subcontractors, the Sub grantee shall not be in default by reason of any failure in performance of this agreement in accordance with its terms (including any failure by the Subgrantee to progress in the performance of the work) if such failure arises out of causes beyond the control and without the default or negligence of the Subgrantee. Such causes may include but are not limited to acts of God or of the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather. In every case, however, the failure to perform must be beyond the control and without the fault or negligence of the Subgrantee. 07/94 Page 7 of 13