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<br />the transfer of funds from Department to Contractor and shall ensure that such funds are disbursed as <br />soon as administratively possible. <br /> <br />C. Notwithstanding the provisions of Section 5 (A) of this contract, it is expressly understood and <br />agreed by the parties hereto that payments under this contract are contingent upon Contracto(s full <br />and satisfactory performance of its obligations under this contract. <br /> <br />D. It is expressly understood and agreed by the parties hereto that any right or remedy provided for in <br />this Section 5 or in any other provision of this contract shall not preclude the exercise of any other right <br />or remedy under this contract or under any provision of law, nor shall any action taken in the exercise of <br />any right or remedy be deemed a waiver of any other rights or remedies. Failure to exercise any right or <br />remedy hereunder shall not constitute a waiver of the right to exercise that or any other right or remedy <br />at any time. <br /> <br />SECTION 6. <br /> <br />UNIFORM ADMINISTRATIVE REQUIREMENTS, COST <br />PRINCIPLES, AND PROGRAM INCOME <br /> <br />A. Except as specifically modified by law or the provisions of this contract, Contractor shall comply with <br />the Regulations and, for matters not addressed therein, with Office of Management and Budget (OMB) <br />Circular A-102, as revised January 1981, in performing this contract. The allowability of costs incurred <br />for performances rendered hereunder shall be determined in accordance with OMB Circular A-87, as <br />supplemented by the rules promulgated by the Office of the Govemor under the Uniform Grant and <br />Contract Management Act of 1981 (TEX. GOV'T. CODE ANN. Chapter 783), and this contract. <br /> <br />B. Contractor shall comply with the requirements set forth in Section 570.489(e) of the Regulations to <br />account for program income related to activities financed in whole or in part with funds provided under <br />this contract. <br /> <br />1. Contractor shall maintain records of the receipt, accrual, and disposition of all program income <br />in the same manner as required for all other funds under this contract, and Contractor shall provide <br />reports of program income to Department with each form submitted by Contractor in accordance with <br />Section 5 of this contract, and at the termination of this contract. <br /> <br />2. Program income earned by Contractor during the period of this contract shall be retained by <br />Contractor and utilized by Contractor to fund performances specified in this contract, in the manner <br />specified hereunder, prior to requesting additional funds from Department. <br /> <br />3. At least sixty (60) days prior to the termination of this contract, Contractor shall submit a plan to <br />Department for its approval which specifies the manner in which Contractor proposes to use any <br />unexpended program income earned under this contract to continue the performance specified in this <br />contract in the manner specified hereunder. Any program income earned by the Contractor from this <br />contract, prior to the establishment and approval of a Revolving Loan Fund plan by Contractor must be <br />returned to Department. In the event Department does not approve the plan submitted by Contractor, <br />Contractor shall return such program income to Department within thirty (30) working days after receipt <br />of Department's notification of disapproval. <br /> <br />SECTION 7. <br /> <br />RETENTION AND ACCESSIBILITY OF RECORDS <br /> <br />A. Contractor shall maintain fiscal records and supporting documentation for all expenditures of funds <br />made under this contract in a manner which confonns to OMS Circular A-87, Section 570.490 of the <br />Regulations, and this contract. Such records must indude data on the racial, ethnic, and gender <br /> <br />Page 3 of 12 <br />