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<br /> b6 t:- <br /> TEXAS TRAFFIC SAFETY PROGRAl\l AGREElVIENT <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 Subgrantee 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, epidemics, quarantine <br /> restrictions, strikes, freight embargoes, and unusuaIly 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 /> GIO. 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 /> Gll. Compliance With Laws <br /> The Subgrantee shaH 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. \Vhen required, the Subgrantee shall furnish the <br /> Department with satisfactory proof of its compliance therewith. <br /> I <br /> GIZ. 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 /> GI3. 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 /> 10/93 Page 8 of 13 <br />