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<br />Any alteration to this document constitutes a counter-offer and must be approved in writing by the Texas Department of Health. <br /> <br />I <br />GENERAL PROVISIONS FOR <br />TEXAS DEPARTMENT OF HEALTH GRANT CONTRACTS <br /> <br />ARTICLE 1. Preamble <br /> <br />PERFORMING AGENCY and RECEIVING AGENCY (the parties) agree to make and enter into this grant <br />contract (contract), to faithfully perform the duties prescribed by this contract and to uphold and abide by its terms <br />and provisions. This contract consists of RECEIVING and PERFORMING AGENCY identifying data, Details of <br />Attachment(s), authorized signatures, General Provisions, and Attachment(s) with detailed Scope(s) of Work, <br />Special Provisions, budget(s), and exhibit(s) as applicable, This contract represents the complete and entire <br />understanding and agreement of the parties, No prior agreement or understanding, oral or otherwise, of the parties <br />or their agents will be valid or enforceable unless embodied in this contract. <br /> <br />The person or persons signing and executing this contract on behalf of PERFORMING AGENCY, or representing <br />themselves as signing and executing this contract on behalf of PERFORMING AGENCY; warrant and guarantee <br />that he, she, or they have been duly authorized by PERFORMING AGENCY to execute this contract on behalf of <br />PERFORMING AGENCY and to validly and legally bind PERFORMING AGENCY to all of its terms, <br />performances, and provisions. <br /> <br />PERFORMING AGENCY assures compliance with this contract, including these General Provisions unless <br />otherwise specified in any Special Provisions of the Attachment(s) to this document. If these General Provisions <br />are revised or replaced during the term ofthis contract and PERFORMING AGENCY does not consent to comply <br />with the modified General Provisions, PERFORMING AGENCY may exercise its termination options in <br />accordance with the General Provisions, Termination Article, <br /> <br />ARTICLE 2. Term <br /> <br />The time period of this contract shall be governed by the term(s) of the Attachment(s). No commitment of contract <br />funds is permitted prior to the first day or subsequent to the last day of the term. The term may be extended or <br />shortened by amendment(s). <br /> <br />ARTICLE 3. Fundin! <br /> <br />This contract is contingent upon the availability of funding for each Attachment for the term of the Attachment. <br />PERFORMING AGENCY shall have no right of action against the State of Texas or RECEIVING AGENCY in the <br />event that RECEIVING AGENCY is unable to fulfill its obligations under this contract as a result of lack of <br />sufficient funding of RECEIVING AGENCY for any Attachment(s) to this contract. Iffunds become unavailable, <br />provisions of the Termination Article will apply. <br /> <br />ARTICLE 4. Amendments <br /> <br />This contract may be amended only ifthe amendment is in writing and signed by individuals with authority to bind <br />all parties. <br /> <br />(LGS) <br /> <br />2002 GENERAL PROVISIONS Page I <br /> <br />04/0 I <br />