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<br />. <br />, IpiP <br />TEXAS TRAFFIC SAFETY PROGRAM AGREEMENT <br />If the Department finds it necessary to require the Subgrantee to revise completed work to <br />correct errors appearing therein, the Subgrantee shall make such corrections and no <br />compensation will be paid for the corrections. <br />ARTICLE 8. GENERAL TER.M:S AND CONDITIONS ----'" <br />Gl. Indemnification <br />To the extent permitted by law, the Subgrantee, if other than a State agency, shall save harmless <br />the Department from all claims and liability due to the acts or omissions of the Subgrantee, its <br />agents or employees. The Subgrantee also agrees to save harmless the Department from any <br />and all expenses, including attorney fees, all court costs and awards for damages, incurred by the <br />Department in litigation or .otherwise resisting such claims or liabilities as a result of any <br />activities 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 <br />protect, indemnify, and save harmless the Department from and against all claims, demands and <br />causes of action of every kind and character brought by any employee of the Subgrantee against <br />the Department due to personal injuries and/or death to such employee resulting from any <br />alleged negligent act, by either commission or omission on the part of the Subgrantee or the <br />Department. <br />G2. Inspection of Work <br />The Department and, when federal funds are involved, the U. S. Department of Transportation, <br />and any authorized representative thereof, have the right at all reasonable times to inspect or <br />otherwise evaluate the work perfoÌ1ned or being performed hereunder and the premises in <br />which it is being performed. <br />, <br />If any inspection or evaluation is made on the premises of the Subgrantee or a subcontractor, <br />the Subgrantee shall provide and require his subcontractor to provide all reasonable facilities <br />and assistance for the safety and convenience of the inspectors in the performance of their <br />duties. All inspections and evaluations shall be performed in such a manner as will not unduly <br />delay the work. <br />G3. Disputes and Remedies <br />The Subgrantee shall be responsible for the settlement of all contractual and administrative <br />issues arising out of procurements entered in support of agreement work. <br />Disputes concerning performance or payment shall be submitted to the Department for <br />settlement with the Executive Director acting as referee. <br />This agreement shall not be considered as specifying the exclusive remedy for any dispute or <br />violation or breach of agreement terms, but all remedies existing at law and in equity may be <br />availed of by either party and shall be cumulative. <br />Page 5 of 13 <br />