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<br />ARTICLE 5. Severability <br /> <br />If any provision of ~his 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 0= invalid provision will be deemed stricken and deleted <br />herefrom to the same extent and effect as if never inCOrporated herein, but <br />all other provisions will continue. <br /> <br />ARTICLE 6. Applicable Laws and Standards <br /> <br />This contract will be governed by the laws of the State of Texas and <br />enabling state/federal regulations, including federal grant requirements <br />applicable to funding SOUrces as set out in attachment(s) hereto, and Treasury <br />Circular 1075 (31 CPR Part 205) as applicable to advance of funds. <br /> <br />PERFORMING AGENCY agrees Chapter 783, Texas Government Code Annotated <br />(Vernon's Pamphlet 1992), [Uniform Grant and Contract Management Act (UGCMA)), <br />as may be amended by revised federal circulars to be incorporated in UGCMA by <br />the Governor's Budget and Planning Office, applies as terms and conditions of <br />this contract, and the standards are adopted by reference in their entirety. <br />If a conflict arises between the provisions of this contract and uGCMA, the <br />provisions of uGCMA will prevail unless expressly stated otherwise. A copy of <br />this manual and its references are provided to PERFORMING AGENCY by RECEIVING <br />AGENCY upon request. <br /> <br />PERFORMING AGENCY must obtain prior approval from RECEIVING AGENCY for major <br />project changes which are specified in RECEIVING AGENCY's institutional prior <br />approval procedures. These procedures are incorporated by reference as a <br />condition of this contract. <br /> <br />In accordance with Section 1352 of Public Law 101-121, effective December 22, <br />1989, PERFORMING AGENCY is prohibited from using funds granted under this <br />contract for lobbying Congress or any agency in connection with a particular <br />contract. In addition, if at any time a contract exceeds $100,000, the law <br />requires certification that none of the funds provided by RECEIVING AGENCY to <br />PERFORMING AGENCY have been used for payment to lobbyists. Regardless of <br />funding source, and if a contract exceeds $100,000, a disclosure form must be <br />completed if PERFORMING AGENCY has any agreement with a lobbyist. This <br />certification and/or form is available upon request and must be forwarded to <br />RECEIVING AGENCY within 90 days of receipt. <br /> <br />PERFORMING AGENCY certifies by execution of this contract that its payment of <br />franchise taxes is current or, if PERFORMING AGENCY is exempt from payment of <br />franchise taxes, that it is not subject to the State of Texas franchise tax. <br />A false statement regarding franchise tax status will be treated as a material <br />breach of this contract and may be grounds for termination at the option of <br />RECEIVING AGENCY. If franchise tax payments become delinquent during the <br />attachment term, payments under this contract will be held until PERFORMING <br />AGENCY's delinquent franchise tax is paid in full. <br /> <br />ARTICLE 7. Debarment and Suspension <br /> <br />PERFORMING AGENCY further certifies by execution of this contract that it is <br />not ineligible for participation in federal or state assistance programs under <br /> <br />1993 GENERAL PROVISIONS _ Page 2 <br /> <br />(5/92) <br />