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<br />GENERAL PROVISIONS FOR <br />TEXAS DEPARTMENT OF HEALTH CONTRACTS <br /> <br />PERFORMING AGENCY and RECEIVING AGENCY agree this contract, assurances, general <br />and/or special provisions, and Attachment(s) with detailed scope(s) of work and <br />budget(s), as applicable, incorporate all covenants and agreements pertaining <br />hereto. 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 <br />AGENCY, or representing themselves as signing and executing this contract on <br />behalf of PERFORMING AGENCY, do hereby warrant and guarantee that he, she, or <br />they have been duly authorized by PERFORMING AGENCY to execute this contract on <br />behalf of PERFORMING AGENCY and to validly and legally bind PERFORMING AGENCY to <br />all terms, performances, and provisions herein set forth. <br /> <br />PERFORMING AGENCY hereby assures compliance with the following terms and <br />conditions unless otherwise specified in the Attachment(s) hereto: <br /> <br />ARTICLE 1. Scoce of Work <br /> <br />PERFORMING AGENCY will perform the work outlined in the Scope(s) of Work <br />contained in the Attachment(s) hereto which is/are referenced in the Details of <br />Attachments and hereby incorporated and made a part of this contract, plus <br />amendments which may be added by additional Attachment(s) from time to time as <br />hereinafter provided. <br /> <br />Satisfactory performance of this contract will be measured in part by: <br />(1) adherence to the contract; (2) results of CPA or State Auditor reports; and, <br />3) timeliness, completeness, and accuracy of required reports. <br /> <br />ARTICLE 2. Term <br /> <br />The time period of this contract will be governed by the term(s) on the <br />Attachment(s). No commitment of contract funds is permitted prior to the first <br />day nor subsequent to the last day of the term. The term may be extended or <br />shortened by amendment(s). <br /> <br />ARTICLE 3. FuodioQ <br /> <br />This contract is contingent upon funding being available for the term of the <br />Attachment (s) and PERFORMING AGENCY will have no right of action against <br />RECEIVING AGENCY in the event that RECEIVING AGENCY is unable to perform its <br />obligations under this contract as a result of the suspension, termination, <br />withdrawal, or failure of funding to RECEIVING AGENCY or lack of sufficient <br />funding of RECEIVING AGENCY for any Attac~~ent(s) to this contract. If funds <br />become unavailable, provisions of the Termination Article will apply. <br /> <br />ARTICLE 4. Amendments <br /> <br />Contract Attachment (s) may be amended, and such amendments will be in writing and <br />duly executed by the parties hereto. <br /> <br />ARTICLE 5. Severability <br /> <br />If any provision of this contract will be construed to be illegal or invalid, <br />this will not affect the legality or validity of any of the other provisions <br />hereof. The illegal or invalid provision will be deemed stricken and deleted <br />herefrom to the same extent and effect as if never incorporated herein, but all <br />other provisions will continue. <br /> <br />1994 GENERAL PROVISIONS - Page 1 <br /> <br />(5/93) <br />