04-B2 State Health Services Contract

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instead of approved ABC brand computer with essentially identical features as the XYZ computer). 5) Changes in the equipment category of a previously approved equipment budget (other than acquisition of additional equipment, which requires an amendment to the Contract). 6) Changes specified in applicable cost principles as requiring prior approval, regardless of dollar threshold. 7) Changes to community sites, independent school districts or schools, in substance abuse Program Attachments. In order to request a revision of any of the enumerated provisions, Contractor shall obtain a Contract Revision Request form from the DSHS website and complete the form as directed by the Department. Two copies of the completed form must be signed by Contractor's representative who is authorized to sign contracts on behalf of Contractor, and both original, signed forms must be submitted to the Division Contract Management Unit assigned to the Program Attachment. Any approved . revision will not be effective unless signed by the DSHS Director of Client Services Contracting Unit. A separate Contractor Revision Request is required for each Program Attachment to be revised. Circumstances of a requested contract revision may indicate the need for a Contract amendment with written justification rather . than a contract revision. Section 13.18 Immunity Not Waived. THE PARTIES EXPRESSLY AGREE THAT NO PROVISION OF THIS CONTRACT IS IN ANY WAY INTENDED TO CONSTITUTE A WAIVER BY DEPARTMENT OR THE STATE OF TEXAS OF ANY IMMUNITIES FROM SUIT OR FROM LIABILITY THAT _ DEPARTMENT OR THE STATE OF TEXAS MAY HAVE BY OPERATION OF LAW. Section 13.19 Hold Harmless. Contractor, as an independent contractor, agrees to hold Department, the State of Texas, individual state employees and officers, and the federal government harmless and to indemnify them from any and all liability, suits, claims, losses, damages and judgments, and to pay all costs, fees, and damages to the extent that such costs, fees, and damages arise from performance or nonperformance of Contractor, its employees, subcontractors, joint venture participants or agents under this Contract. Section 13.20 Waiver. Acceptance by either party of partial performance or failure to complain of any action, non-action or default under this Contract shall not constitute a waiver of either party's rights under the Contract. Section 13.21 Contracting with Executive Head of State Agency. If Contractor currently or subsequently employs a current or former executive head of DSHS, Texas Department of Health, Texas Department of Mental Health and Mental Retardation or Texas Commission on Alcohol and Drug Abuse, Contractor shall submit the following information to the Division Contract Management Unit assigned to the Program Attachment: General Provisions (Core Subrecipient 2008) 6/12/2007 30