Res 1989-094 - Laserfiche WebLink

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