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04-B2 State Health Services Contract
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04-B2 State Health Services Contract
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Last modified
9/20/2007 5:23:17 PM
Creation date
9/20/2007 5:23:10 PM
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AGENDA
Item Number
04-B2
AGENDA - Type
RESOLUTION
Description
State Health Contract No. 2008-024359 for Primary Health Care
AGENDA - Date
9/24/2007
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<br />Section 13.07 Severability and Ambiguity. If any provision of this Contract is <br />construed to be illegal or invalid, the illegal or invalid provision will be deemed <br />stricken and deleted to the same extent and effect as if never incorporated, but all <br />other provisions will continue. Parties represent and agree that the language <br />contained in this Contract is to be construed as jointly drafted, proposed and <br />accepted. <br /> <br />Section 13.08 Legal Notice. Any notice required or permitted to be given by the <br />provisions of this Contract shall be deemed to have been received by a Party on the <br />third business day after the date on which it was mailed to the Party at the address <br />first given above (or at such other address as the Party shall specify to the other <br />Party in writing) or, if sent by certified mail, on the date of receipt. <br /> <br />Section 13.09 Successors. The Contract shall be binding upon the Parties and their <br />successors and assignees, except as expressly provided in this Contract. <br /> <br />Section 13.10 Headings. The articles and section headings used in the Contract <br />are for convenience of reference only and shall not be construed in any way to <br />define, limit or describe the scope or intent of any provisions. <br /> <br />Section 13.11 Parties. The Parties represent to each other that they are entities <br />fully familiar with transactions of the kind reflected by this document, and are <br />capable of understanding the terminology and meaning of its terms and conditions <br />and of obtaining independent legal advice pertaining to this Contract. <br /> <br />Section 13.12 Survivability of Terms. Termination or expiration of this Contract <br />or a Program Attachment for any reason shall not release either party from any <br />liabilities or obligations set forth in this Contract that (a) the parties have expressly <br />agreed shall survive any such termination or expiration, or (b) remain to be <br />performed or (c) by their nature would be intended to be applicable following any <br />such termination or expiration. <br /> <br />Section 13.13 Direct Operation. The Department may temporarily assume <br />operations of a Contractor's program or programs funded under this Contract when <br />the continued operation of the program by Contractor puts at risk the health and <br />safety of clients and/or participants served by the Contractor, and there are no <br />reasonable alternatives available. <br /> <br />Section 13.14 Customer Service Information. If requested, Contractor shall <br />supply such information as required by the Department to comply with the <br />provisions of TEX. GOV'T CODE ch. 2114 regarding Customer Service surveys. <br /> <br />Section 13.15 Amendment. Parties agree that the Department may unilaterally <br />reduce funds pursuant to the terms of this Contract without the written agreement of <br />Contractor. All other amendments to this Contract must be in writing and agreed to <br />by both Parties, except as otherwise specified in the Contractor's Notification of <br />Change to Certain Contract Provisions section or the Contractor's Request for <br />Revision to Certain Contract Provisions section of these General Provisions. <br /> <br />General Provisions (Core Subrecipient 2008) <br /> <br />6/12/2007 <br /> <br />28 <br />
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