2007-108-RES-Approving and Authorizing the execution of a contract with the department of State Health Services (DSHS)

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R BY DEPARTMENT OR THE STATE OF TEXAS OF ANY DrfMUNITIES WANE IT OR FROM LIABILITY THAT DEPARTMENT OR THE STATE OF TEXA FROM SU MAY HAVE BY OPERATION OF LAW. ees to hold Section 13.19 Hold Harmless. Contractor, as an independent c officersr~ and the federal Department, the State of Texas, individual state employees and rnment harmless and to indemnify them from any and all liability, suits, claims, losses, gove dama es and judgments, and to pay all costs, fees,'and damages to the extent that em to ees' g fees, and damages arise from performance or nonperformance of contractor, i s p y subcontractors, joint venture participants or agents under this Contra of artial erformance or failure to Section 13.20 Waiver. Acceptance by either e~this Contract shall not constitute a waiver complain of any action, non-action or default and of either party's rights under the Contract. ARTICLE XIV BREACH OF CONTRACT AND REMEDIES FOR NON-COMPLIANCE. 'on 14,01. Actions Constituting Breach of Contract. Actions or inactions that Sects constitute breach of contract include, but are not limited to, the fol oods g•urchased under this a) failure to properly provide the services andlor g p Contract; b) failure to comply with any provision of this Contract: c) failure to pay refunds or penalties owed to the Department; or a eed d) failure to comply with a repayment agreement with the Department gr order issued by the Department; e failure by Contractor to provide a full accounting of funds expended under this Contract;. discovery of a material misrepresentation in any aspect of Contractor's response to the Solicitation Document; or any misrepresentation in the assurances and certifications in the Contractor's g) application or response to the Solicitation Document or m this Contract. Section 14.02 General Remedies and Sanctions. The Department will monitor a available for both programmatic and financial compliance. The remedies set forthwith Contractor for to the Department against Contractor and any entity that suudit and irn ose or recommend provision of services or goods. HHSC OIG may mvesch of~ this Contracp and may monitor imposition of sanctions to Department for any Brea tractor for financial compliance. The Department may impose one or more sanctions for Con ach item of noncompliance and will determine sanctions on acase-by-case basis. Contractoo f e is res onsible for complying with all of the terms of this Contract. The fisting ationsuunder p one or more of the remedies listed below does not relieve Contractor of any ob ig will revail the Contract. A state or federal statute, rule or regulation, or federal guideli ne can be read ideli over the provisions of this Article unless the statute, rule, reguloa~ If the~1Contractor breaches together with the provision(s) of this Article to give effect to brms of this Contract, including this Contract by failing to comply with one or more of the to Rev. 07I20l2006 Page 27 EF29-12425 General Provisions (Core Subrecipient 2007)