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applicable. At least three copies of any such publication must be provided to RECEIVING AGENCY. RECEIVING AGENCY reserves the right to require additional copies before or after the initial review. ARTICLE 21. Ho1d Harmless PERFORMING AGENCY, which is not a state agency, assures that it is an independent contractor and not an agent, servant, or employee of the state. Except to the extent that Chapter 104 of the Texas Civil Practice and Remedies Code is applicable to this contract, PERFORMING AGENCY agrees to hold RECEIVING AGENCY and/or federal government harmless and to indemnify them from and against any and all claims, demands, and causes of action of every kind and character which may be asserted by any third party occurring or in any way incident to, arising out of, or in connection with the performance of services by PERFORMING AGENCY under this contract to the extent allowed by law. PERFORMING AGENCY, by acceptance of funds provided through contract attachment(s), agrees and ensures that personnel paid from these funds are duly licensed and/or qualified to perform the required services. ARTICLE 22. BondinJt Each person employed by PERFORMING AGENCY who handles funds under this contract, including persons authorizing payment of such funds, will be covered by the terms of a fidelity bond providing for indemnification of losses occasioned by: (1) any fraudulent or dishonest act or acts committed by any of PERFORMING AGENCY's employees either individually or in concert with others, and/or, (2) failure of PERFORMING AGENCY or any of its employees to perform faithfully his/her duties or to account properly for all monies and property received by virtue of his/her position or employment. This fidelity bond will be in the amount of not less than Ten Thousand Dollars ($10,000). ARTICLE 23. Suspension/Termination If PERFORMING AGENCY fails to comply with RECEIVING AGENCY's reporting requirements, the program objectives, r;>r the contract award conditions, RECEIVING AGENCY may withhold payments. RECEIVING AGENCY will provide advance written notice to PERFORMING AGENCY which will identify the deficiency and RECEIVING AGENCY's intent to withhold payments if the deficiency is not corrected within a specific number of days. When the deficiency is corrected, RECEIVING AGENCY will release any withheld payments with no further action. If PERFORMING AGENCY fails to comply with the terms, conditions, or standards of this contract, RECEIVING AGENCY may suspend the contract attachment(s) and prohibit PERFORMING AGENCY from incurring additional obligations of funds pending either corrective action or termination. RECEIVING AGENCY will provide written notice to PERFORMING AGENCY at least thirty (30) days in advance of the suspension date. Such notice will detail the nature of noncompliance and specify a correction date. PERFORMING AGENCY may request a hearing on the proposed suspension if such request is made in writing within ten (10) days from any final notification of suspension. This contract or any attachment(s) hereto may be terminated by either of the parties hereto for noncompliance by the other party. A party intending to terminate for noncompliance by the other party will provide written notice to the other party at least thirty (30) days prior to the intended date of 1991 GENERAL PROVISIONS - Page 9 (rev.5/90)