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<br />G) "product" or "products" shallbe defined to include, but is not limited to, any supplied or <br />supported hardware, software, firmware and/or micro code; <br /> <br />H) "valid date" shall contain a two-digit month, a two-digit day and a four-digit year. <br /> <br />PERFORMING AGENCY and its subrecipient(s) shall obtain a warranty from any vendorllicensor from which <br />it obtains product(s) that product(s) delivered and installed under the contractllicense shall accurately process <br />valid date data when used in accordance with the product documentation provided by the contractorllicensor and <br />require no extraordinary actions on the part of PERFORMING AGENCY, its personnel, or its subrecipient(s). <br />Products wder the contractllicense shall possess general integrity, date integrity, explicit and implicit century <br />capabilities. If the contractllicense requires that specific products shall perform as a system in accordance with <br />the foregoing warranty,then the warranty shall apply to those listed products as a system. The duration of this <br />warranty and the remedies available to PERFORMING AGENCY or its subrecipient(s) for breach of the <br />warranty shall be defined in, and subject to, the terms and conditions of the contractor's standard commercial <br />warranty or warranties contained in the contractllicense; provided, that notwithstanding any provision to the <br />contrary in such commercial warranty or warranties, the remedies available to PERFORMING AGENCY or its <br />subrecipient(s) shall include repair or replacement of any supplied product if its noncompliance is discovered <br />and made known to the contractorllicensor in writing within ninety (90) days after fina1 acceptance. Nothing in <br />the warranty shall be considered to limit any rights or remedies PERFORMING AGENCY or its subrecipient(s) <br />may otherwise have wder the contractllicense. <br /> <br />RECEIVING AGENCY will not hold PERFORMING AGENCY responsible if the information coming to <br />PERFORMING AGENCY'S product/software from RECEIVING AGENCY is inaccmate or corrupt. <br /> <br />ARTICLE 13. Standards for Fmanclal and Prol!l'ammatic Mana!!ement <br /> <br />PERFORMING AGENCY shall bill all third party payers for services provided under the Attachment(s) before <br />submitting any request for payment to RECEIVING AGENCY. A third party payer is any person or entity who <br />has the legal responsibility for paying all or part of the services provided, including, commercial health or <br />liability insurance carriers, Medicaid, or other federal, state, local and private fimding sources. Third party <br />billing functions shall be provided by PERFORMING AGENCY at no cost to the client. PERFORMING <br />AGENCY or its subrecipient shall become a Medicaid provider if performing approved Texas Medicaid services <br />authorized by the Attacbment(s). <br /> <br />PERFORMING AGENCY, if designated a 50l(c)(3) organization as defmed in the Internal Revenue Service <br />Code or a for-profit organization, and its governing board, shall bear full responsibility for the integrity of the <br />fiscal and programmatic management of the organization. Such responsibility shall include: accowtability for <br />all funds and materials received from RECEIVING AGENCY; compliance with RECEIVING AGENCY rules, <br />policies, procedures, and applicable federal and state laws and regulations; and correction of fiscal and program <br />deficiencies identified through self-evaluation and RECEIVING AGENCY'S monitoring processes. Further, <br />PERFORMING AGENCY'S governing board shall ensure separation of powers, duties, and functions of board <br />members and staff. Ignorance of any contract provisions or other requirements contained or referenced in this <br />contract shall not constitute a defense or basis for waiving or appealing such provisions or requirements. <br /> <br />ARTICLE 14. Bondln!! and Liability Insurance <br /> <br />PERFORMING AGENCY is required to carry a fidelity bond or insurance coverage equal to the amount of <br />funding provided under the Attacbment(s) up to $100,000 that covers each employee of PERFORMING <br />AGENCY handling funds under this contract, including person(s) authorizing payment of such funds. The <br />fidelity bond or insurance shall provide for indenmification of losses occasioned by: 1) any fraudulent or <br />dishonest act or acts committed by any of PERFORMING AGENCY'S employees, either individually or in <br />concert with others, and/or 2) failure of PERFORMING AGENCY or any of its employees to perform faithfully <br /> <br />(Feejor-Service) <br /> <br />GENERAL PROVISIONS 612004 <br /> <br />Page 9 <br />