Laserfiche WebLink
<br />Section 15.03 Sole Remedy. The contested case process provided in Chapter <br />2260, subchapter C, Texas Government Code, is Contractor's sole and exclusive <br />process for seeking a remedy for any and all alleged breaches of contract by DSHS <br />if the parties are unable to resolve their disputes under this Article. <br /> <br />Section 15.04 Condition Precedent to Suit. Compliance with the contested case <br />process provided in Chapter 2260, subchapter C, Texas Government Code, is a <br />condition precedent to seeking consent to sue from the Legislature under Chapter <br />107 of the Civil Practices and Remedies Code. Neither the execution of this <br />Contract by DSHS nor any other conduct of any representative of DSHS relating to <br />this Contract shall be considered a waiver of sovereign immunity to suit. <br /> <br />Section 15.05 Performance Not Suspended. Neither the occurrence of an event <br />nor the pendency of a claim constitutes grounds for the suspension of performance <br />by Contractor, in whole or in part. <br /> <br />ARTICLE XVI TERMINATION. <br /> <br />Section 16.01 Expiration of Contract or Program Attachment(s). Contractor's <br />service obligations set forth in each Program Attachment shall end upon the <br />expiration date of that Program Attachment unless extended or renewed by written <br />amendment. Prior to completion of the term of all Program Attachments, all or a <br />part of this Contract may be terminated with or without cause as set forth below. <br /> <br />Section 16.02 Effect of Termination. Termination is the permanent withdrawal <br />of Contractor's authority to obligate previously awarded funds before that authority <br />would otherwise expire or the voluntary relinquishment by Contractor of the <br />authority to obligate previously awarded funds. Contractor costs resulting ITom <br />obligations incurred by Contractor after termination of an award are not allowable <br />unless expressly authorized by the notice- of termination. Upon termination of this <br />Contract or Program Attachment, as applicable, Contractor shall cooperate 'Yith <br />DSHS to the fullest extent possible to ensure the orderly and safe transfer of <br />responsibilities under the Contract or Program Attachment, as applicable, to DSHS <br />or other entity designated by DSHS. Upon termination of all or part of this <br />Contract, Department and Contractor will be discharged from any further obligation <br />created under the applicable terms of this Contract or the Program Attachment, as <br />applicable, except for the equitable settlement of the respective accrued interests or <br />obligations incurred prior to termination and for Contractor's duty to cooperate with <br />DSHS. Termination does not. however. constitute a waiver of any remedies for <br />breach of this Contract. In addition. Contractor's obligations to retain records and <br />maintain confidentiality of information shall survive this Contract. <br /> <br />Section 16.03 Acts Not Constituting Termination. Termination does not <br />include: (1) withdrawal of funds awarded on the basis of the Contractor's <br />underestimate of the unobligated balance in a prior period; (2) withdrawal of the <br />unobligated balance at the expiration of the term of a Program Attachment; (3) <br />refusal to extend a Program Attachment or award additional funds to make a <br /> <br />General Provisions (Core Subrecipient 2008) <br /> <br />6/12/2007 <br /> <br />36 <br />