Res 1991-107 - Laserfiche WebLink

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TEXAS TR.,\mC SAFE1Y PROGRAM CONTRACf . fhe Contractor, if other than a State agency, shaH be responsible for settlement of any and all claims and lawsuits by third parties arising from or incident to the Department's non-payment of the Contractor's claim under this contract. The Contractor expressly acknow]edges that its responsibility includes the payment of all damages, expenses, penalties, fines, costs, charges, and attorney fees, if the claims or lawsuits are based upon the Department's non-payment of claims submitted under this contract. The Contractor shall defend any suits broug~t upon all such cJaims and lawsuits and pay all costs and expenses incidenta] thereto, but the Department shall have the right at its option to participate in the defense of any suit, without relieving the Contractor of any obligation hereunder. ARTICLE s. CONTRACI' AMENDMENTS If at any time during the contract period the Department determines that additional funds are needed to continue the project and the maximum amount payable is insufficient, a written amendment is to be executed to authorize additional funds, if the Department and the Contractor determine to continue project funding. The amendment shall be agreed upon by the parties to this contract and shall state the change to the mutual satisfaction of the parties. In no event will the contract period be extended unless a written amendment is executed before the completion date specified in Article 1. ARTICLE 6. ADDmONAL WORK If the Contractor is of the opinion that any work it has been directed to perform is beyond the scope of this contract and constitutes additional work, the Contractor shall promptly notify the Department in writing. In the event that the Department finds that such work does constitute additional work, the Department shall so advise the Contractor and provide compensation for doing this work on the same basis as the original work. If the compensation for the additional work will cause the maximum amount payable to be exceeded, a written amendment will be executed. Any amendment' so executed must be approved within the contract period specified in Article 1. ARTICLE 7. CHANGES IN WORK When the approved project description requires a completed work product, the Department will reyjew the work as specified in the approved project description. If the Department finds it necessary to request changes in previously satisfactorily completed work or parts thereof, the Contractor will make such revisions as requested and directed by ttte Department. Such work will be considered as additionaJ work and subject to the requirements estab1i~ed in Article 6. If the Department finds it necessmy to require the Contractor to reyjse completed work to correct errors appearing therein, the Contractor shall make such corrections and no compensation ",ill be paid for the corrections. 6/91 Page 4 of 13