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<br />TEXAS TRAFFIC SAFETY PROGRAl\1 AGREEMENT lD3 fr . <br />Except with respect to defaults of subcontractors, the Subgrantee shall not be in default by <br />reason of any failure in performance of this agreement in accordance with its terms (including <br />any failure by the Sub grantee to progress in the performance of the work) if such failure arises <br />out of causes beyond the control and without the default or negligence of the Subgrantee. Such <br />causes may include but are not limited to acts of God or of the public enemy, acts of the <br />Government in either its sovereign or contractual capacity, fires, floods, epidemies, quarantine <br />restrictions, strikes, freight embargoes, and unusually severe weather. In every case, however, <br />the failure to perform must be beyond the control and without the fault or negligence of the <br />Subgrantee. -- <br />G1O. Gratuities <br />Texas Transportation Commission policy mandates that employees of the Department shall not <br />accept any benefits, gifts or favors from any person doing business with or who reasonably <br />speaking may do business with .the Department under this agreement. The only exceptions <br />allowed are ordinary business lunches and items that have received the advanced written <br />approval of the Department's Executive Director. <br />Any person doing business with or who reasonably speaking may do business with the <br />Department under this agreement may not make any offer of benefits, gifts or favors to <br />Department employees, except as mentioned hereabove. Failure on the part of the Subgrantee <br />to adhere to this policy may result in termination of this agreement. <br /> ~ <br />Gl1. Compliance With Laws <br />The Subgrantee shall comply with all Federal, State and local laws, statutes, ordinances, rules <br />and regulations, and the orders and decrees of any courts or administrative bodies or tribunals <br />in any matter affecting the performance of this agreement, including, without limitation, <br />workers' compensation laws, minimum and maximum salary and wage statutes and regulations, <br />and licensing laws and regulations. When required, the Subgrantee shall furnish the <br />Department with satisfactory proof of its compliance therewith. <br /> I <br />G12. Successors and Assigns <br />The Department and the Subgrantee each binds itself, its successors, executors, assigns and <br />administrators to the other party to this agreement and to the successors, executors, assigns and <br />administrators of such other party in respect to all covenants of this agreement. The <br />Subgrantee shall not assign, sublet, or transfer its interest and obligations in this agreement <br />without written consent of the Department. <br />G13. Ownership of Documents <br />Upon completion or termination of this agreement, all documents prepared by the Subgrantee <br />or furnished to the Subgrantee by the Department shall be delivered to and become the <br />property of the Department. All sketches, photographs, calculations, and other data prepared <br />under this agreement shall be made available, upon request, to the Department without <br />restriction or limitation of their further use. <br /> Page 8 of 13 <br />