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<br />, . <br /> <br />ARTICLE 33. yundine Participation Requirement <br /> <br />PERFORMING AGENCY agrees funds provided through this contract will not be used for matching purposes in <br />securing other funding unless otherwise directed or approved by RECEIVING AGENCY. <br /> <br />ARTICLE 34. Conflict ofInterest <br /> <br />PERFORMING AGENCY does not have nor shall it knowingly acquire any inter~st that would conflict in any <br />manner with the performance of its obligations under this contract. Potential conflicts of interest include an existing <br />business or personal relationship between PERFORMING AGENCY, its principal, or any affiliate or subrecipient <br />with RECEIVING AGENCY, its officers or employees, or any other entity or person involved in any way in any <br />project that is the subject of this contract. <br /> <br />ARTICLE 35. SUn'ival of Terms <br /> <br />Termination or expiration of this contract for any reason shall not release either party from any liabilities or <br />obligations set forth in this contract that (a) the parties have expressly agreed shall survive any such termination <br />or expiration, or (b) remain to be performed or by their nature would be intended to be applicable following any <br />such termination or expiration. <br /> <br />ARTICLE 36. No Waiver of Sovereien Immunity <br /> <br />, ' <br /> <br />THE P ARTIES EXPRESSLY AGREE THAT NO PROVISION OF THIS CONTRACT IS IN ANY WAY <br />INTENDED TO CONSTITUTE A WAIVER OF ANY IMMUNITIES FROM SUIT OR FROM LIABILITY <br />THAT THE PARTIES OR THE STATE OF TEXAS MAY HAVE BY OPERATION OF LAW. <br /> <br />ARTICLE 37. Certifications <br /> <br />The governing body of each party has authorized this contract. RECEIVING AGENCY is paying for the <br />performance of governmental functions and services from current revenues available to RECEIVING AGENCY. <br />The payment is in an amount that fairly compensates PERFORMING AGENCY for the services or functions <br />performed under the contract. <br /> <br />(LOS) <br /> <br />1999 GENERAL PROVISIONS Page 22 <br /> <br />4/98 <br />