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Res 1989-093
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Res 1989-093
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Last modified
8/3/2007 10:02:13 AM
Creation date
8/3/2007 9:59:51 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Contract
Number
1989-93
Date
9/11/1989
Volume Book
95
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<br /> THE TEXAS TRAFFIC SAFETY PROGRAM <br /> G9. Termination (cont.) <br /> Except with respect to defaults of subcontractors, the Local Government shall not <br /> be in default by reason of any failure in performance of this contract in accordance <br /> with its terms (including any failure by the Local Government to progress in the <br /> performance of the work) if such fanure arises out of causes beyond the control and <br /> without the default or negligence of the Local Government. Such causes may include <br /> but are not limited to acts of God or of the public enemy, acts of the Government in <br /> either its sovereign or contractual capacity, fires, floods, epidemics, quarantine <br /> restrictions, strikes, freight embargoes, and unusually severe weather. In every <br /> case, however, the failure to perform must be beyond the control and without the <br /> fault or negligence of the Local Government. <br /> GIO. Gratuities <br /> State Highway and Public Transportation Commission policy mandates that <br /> employees of the Department shall not accept any benefits, gifts or favors from any <br /> person doing business wi th or who reasonably speaking may do business wi th the <br /> State under this contract. The only exceptions allowed are ordinary business <br /> lunches and items that have received the advanced written approval of the State's <br /> Engineer-Director. <br /> Any person doing business with or who reasonably speaking may do business with <br /> the State under this contract may not make any offer of benefits, gifts or favors to <br /> Department employees, except as mentioned hereabove. Failure on the part of the <br /> Local Government to adhere to this policy may result in termination of this contract. <br /> Gl1. Compliance With Laws <br /> The Local Government shall comply with all Federal, State and local laws, statutes, <br /> ordinances, rules and regulations, and the orders and decrees of any courts or <br /> administrative bodies or tribunals in any matter affecting the perfonnance of this <br /> contract, including, without limitation, workers' compensation laws, minimum <br /> andmuimum salary and wage statutes and regulations, and licensing laws and <br /> regulations. When required, the Local Government shall furnish the State with <br /> satisfactory proof of its compliance therewith. <br /> G12. Successors and Assigns <br /> The State and the Local Government each binds itself, its successors, executors, <br /> assigns and administrators to the other party to this agreement and to the <br /> successors, executors, assigns and administrators of such other party in respect to <br /> all covenants of this agreement. Neither the State nor the Local Government shall <br /> assign, sublet, or transfer its interest in this agreement without written consent of <br /> the other. <br /> Page 8 of 13 <br />
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