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including a tax delinquency. Contractor, if a corporation, certifies by execution of <br />this Contract that it is current and will remain current in its payment of faanchies <br />ent of franchise tax <br />takes to the State of Texas or that it is exempt fro asF~ nded .Contractor, if a <br />under Texas law (Texas Tax Code § § 171.001 et seq, ) <br />co oration, further certifies that it is and will remain in good standing with the <br />Secretary of State's office. A false statement regarding franchise tax a is be ~ome <br />status is a material breach of this Contract. If francluseetax und~this Contract <br />delinquent during the Contract term, .all or part of tl~e e tax is aid in full. <br />may be withheld until Contractor's delinquent fran P <br />Section 3.02 Application of Payment Due. Contractor agrees that any <br />ayments due under this Contract will be applied towards any debt, includinga ut <br />p <br />not limited to delinquent taxes and child support that ~s owed to the State o e <br />Section 3.03 Use of Funds. Contractor agrees that it shall expend Department <br />funds only for the provision of approved services and for reasonable and allowable <br />expenses directly related to those services. <br />Section 3.04 Use for Match Prohibited. Contractor agrees funds provided <br />through this Contract shall not be used for matching purposes m secunng other <br />funding unless directed or approved by the Department in wntmg. <br />Section 3.05 Program Income. Gross income directly generated from <br />Department funds through a project or activity performed under a Program <br />Attachment and/or earned only as a result of a Program Attachment during therwi~ <br />of the Program Attachment are considered program income. d ~o salternative, <br />required under the terms of the grant funding this Contract, the me shall be used by <br />as provided in UGMS § _.25(g)(2), for the use of program mco <br />Contractor to further the program objectives of the state or federal statute undeer <br />which the Program Attachment was made, and it shall be spent on the sam <br />Program Attachment project in which it was generated. Contractor shall identio <br />and report this income in accordance with the Compliance and Reporting ~1 nt s . <br />these General Provisions and the Special Provisions of the Program Attachme ( a <br />Contractor shall expend program income during the Program Attachment term an <br />may not carry forward to the succeeding term. Program income not expended in the <br />term in which it is earned shall be refunded to DSHS. DSHS may base futur <br />funding levels, in part, upon Contractors proficiency m identlfymg, ses and <br />collecting, and reporting program income, and in utilizing it for the purpo <br />conditions set forth in this Contract. <br />Section 3.06 Nonsupplanting. Contractor shall not supplant (i.e., use funds from <br />this Contract to replace or substitute existing funding from other sources that alsdo <br />supports the activities that are the subject of this Contract) but rather shall use fun <br />from this Contract to supplement existing state or local funds currently available for <br />a particular activity. Contractor shall make a good faith effort to maintainumenta ii n <br />level of support. Contractor may be required to submit do <br />6/ 1212007 ~ <br />General Provisions (Core Subrecipient 2008) <br />