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Funding Limitation- Grantee understands that all obligations of Agency under the contract or grant are <br />subject to the availability of grant funds. The contract or grant is subject to termination or cancellation, either in <br />whole or in part, without penalty to Agency if such funds are not appropriated or become unavailable . <br />Governing Law & Venue- This agreement shall be governed by and construed in accordance with the laws <br />of the State of Texas, without regard to the conflicts of law provisions. The venue of any suit arising under this <br />agreement is fixed in any court of competent jurisdiction of Travis County, Texas, unless the specific venue is <br />otherwise identified in a statute that directly names or otherwise identifies its applicability to the contracting state <br />agency. <br />Indemnification- to the extent permitted by law Grantee shall defend, indemnify and hold harmless the <br />state of Texas and agency, and/or their officers, agents, employees, representatives, contractors, assignees, and/or <br />designees from any and all liability, actions, claims, demands, or suits, and all related costs, attorney fees, and <br />expenses arising out of, or resulting from any acts or omissions of Grantee or its agents, employees, <br />subcontractors, order fulfillers, or suppliers of subcontractors in the execution or performance of the contract and <br />any purchase orders issued under the contract. The defense shall be coordinated by Grantee with the office of the <br />Texas Attorney General when Texas state agencies are named defendants in any lawsuit and Grantee may not <br />agree to any settlement without first obtaining the concurrence from the off -ice of the Texas Attorney General. <br />Grantee and agency agree to furnish timely written notice to each other of any such claim. <br />Law Enforcement Agency Grant Restriction- Grantee on behalf of Northeast Texas Auto Theft Task Force <br />is a law enforcement agency regulated by Chapter 1701 of the Texas Occupations Code, Grantee represents and <br />warrants that it will not use appropriated money unless the law enforcement agency is in compliance with all rules <br />adopted by the Texas Commission on Law Enforcement (TCOLE), or TCOLE certifies that it is in the process of <br />achieving compliance with such rules. <br />Legal Authority- Grantee represents that it possesses legal authority to apply for the grant. A resolution, <br />motion or similar action has been duly adopted or passed as an official act of the Grantee's governing body, <br />authorizing the filing of the Response, including all understandings and assurances contained therein, and directing <br />and authorizing the person identified as the official representative, or the designee of Grantee to act in connection <br />with the Response and to provide such additional information as may be required. <br />Lobbying Expenditure Restriction- Grantee represents and warrants that Agency's payments to Grantee <br />and Grantee's receipt of appropriated or other funds under the contract or grant are not prohibited by Sections <br />403.1067 or 556.0055 of the Texas Government Code which restrict lobbying expenditures <br />No Conflicts of Interest State- Grantee represents and warrants that performance under the contract or <br />grant will not constitute an actual or potential conflict of interest or reasonably create an appearance of impropriety. <br />Further, Grantee represents and warrants that in the administration of the grant, it will comply with all conflict of <br />interest prohibitions and disclosure requirements required by applicable law, rules, and policies, including Chapter <br />176 of the Texas Local Government Code. If circumstances change during the course of the contract or grant, <br />Grantee shall promptly notify Agency. <br />No Waiver of Sovereign Immunity- The Parties expressly agree that no provision of the grant or contract <br />is in any way intended to constitute a waiver by the Agency or the State of Texas of any immunities from suit or <br />from liability that the Agency or the State of Texas may have by operation oflaw. <br />Interlocal Agreement (Amended) with County of'Hopkins MVCPA Grant Page 14 <br />