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DSHS or for the public on behalf of DSHS, Contractor expressly acknowledges that state funds may <br />not be expended in connection with the purchase of electronic information resources unless those <br />resources meet certain statutory and regulatory requirements relating to accessibility by persons with <br />visual, hearing, motor/physical, and cognitive learning disabilities as defined by Section 508 of the <br />Rehabilitation Act of 1973, as amended. Accordingly, Contractor represents and warrants to DSHS <br />that the electronic information resources provided by Contractor to DSHS for purchase are capable, <br />either by virtue of features included within the technology or because they are readily adaptable by <br />use with other technology, of - <br />a) providing equivalent access for effective use; <br />b) presenting information, including prompts used for interactive communicakions; and <br />c) being integrated into networks for obtaining, retrieving, and disseminating information. <br />For purposes of this section, the phrase "equivalent access" means a substantially similar ability to <br />communicate with or make use of the electronic information resource, either directly by features <br />incorporated within the technology or by other reasonable means jointly agreed to by DSHS and <br />Contractor, such as assistive devices or services that would constitute reasonable accommodations <br />under the federal Americans with Disabilities Act or similar state or federal laws. 'Examples of <br />methods by which equivalent access might be provided include, but are not limited to, keyboard <br />alternatives to mouse commands and other means of navigating graphical displays, information <br />retrieval provided in an enhanced auditory fashion, voice commands, touch screen capacity, and <br />customizable display appeazance. Electronic information resources under this Contract must comply <br />with 1 Tex. Admin. Code Chapters 206 and 213, as applicable. <br />ARTICLE XIV BREACH OF CONTRACT AND REMEDIES FOR NON- <br />COMPLIANCE <br />Section 14.01 Actions Constituting Breach of Contract. Actions or inactions that constitute <br />breach of contract include, but are not limited to, the following: <br />a) failure to properly provide the services and/or goods purchased under this Contract; <br />b) failure to comply with any provision of this Contract, including failure to comply with all <br />applicable statutes, rules or regulations; <br />c) failure to pay refunds or penalties owed to the Department; <br />d) failure to comply with a repayment agreement with the Department or agreed order issued by <br />the Department; e) failure by Contractor to provide a full accounting of funds expended under this Contract; <br />f) discovery of a material misrepresentation in any aspect of Contractor's response to the <br />Solicitation Document; <br />g) any misrepresentation in the assurances and certifications in the Contractor's application or <br />response to the Solicitation Document or in this Contract; or <br />h) Contractor is on or is added to the Excluded Parties List System (EPLS). <br />Section 14.02 General Remedies and Sanctions. The Department will monitor Contractor for both <br />programmatic and financial compliance. The remedies set forth below are available to the <br />Department against Contractor and any entity that subcontracts with Contractor for provision of <br />General Provisions (Core Subrecipient 2009) 6/5/08 Page 30 of 38 <br />