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Section 8.3 Monitoring <br />A. Department reserves the right to carry out field inspections and desk reviews to <br />ensure compliance with the requirements of this Contract. After each monitoring visit or desk <br />review, Department shall provide RSP with a written report of the monitor's findings. If the <br />monitoring reports note deficiencies in RSP's performance under the terms of this Contract, the <br />monitoring report shall include requirements for the timely correction of such deficiencies by <br />RSP. <br />B. Failure by RSP to take the action specified in the monitoring report may be cause <br />for suspension, termination or recapture of funds, as provided in Article IIl of this Contract. <br />C. RSP agrees to attend training, as required by Department. <br />ARTICLE IX <br />GENERAL PROVISIONS <br />Section 9.1 Special Conditions <br />A. Upon termination of this Contract, all funds, if any, remaining on hand on the date <br />of termination, and all accounts receivable attributable to the use of funds received under this <br />Contract shall revert to Department. RSP shall return these assets to Department within seven <br />(7) business days after the date of termination. <br />B. It is expressly understood and agreed by the Parties hereto that Department is <br />contracting with RSP as an independent contractor, and that RSP, as such, agrees to hold <br />Department harmless and to the extent allowed by law indemnify Department from and against <br />any and all claims, demands, and causes of action of every kind and character which may be <br />asserted by any third party occurring or in any way incident to, arising out of, or in connection <br />with the services to be performed by RSP under this Contract. <br />C. It is expressly understood and agreed by the Parties hereto that any right or <br />remedy provided for in this section, or in any other provision of this Contract, shall not preclude <br />the exercise of any other right or remedy under this Contract or under any provision of law. Nor <br />shall any action taken in the exercise of any right or remedy be deemed a waiver of any other <br />right or remedy. Failure to exercise any right or remedy hereunder shall not constitute a waiver <br />of the right to exercise that or any other right or remedy at any time. <br />D. RSP understands that failure to perform under the terms of this Contract or in <br />accordance with the Program Requirements may result in the Department's imposition of the <br />applicable remedies specified in 10 TAC § 1.20(e)(1). <br />16 of 25 <br />2oio-oois <br />81 <br />