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e e " GENERAL CONDITIONS INTERAGENCYnNTERLOCALPURCHASES CATEGORY I ARTICLE I. WORK PERFORMING PARTY agrees to provide the work described in and required by this Contract. In this Contract the term "Work" means the entire completed undertaking, or the various separately identifiable parts thereof. Work includes all goods, labor, services, materials and equipment provided in fulfillment of this Contract by any person or entity including PERFORMING PARTY's employees, agents, assigns, suppliers, and subcontractors. ' ARTICLE 2. AMENDMENT This Contract may be amended only by written agreement signed by both parties. ARTICLE 3. ~S~CE 1. PERFORMING PARTY will, in accordance with Gov't Code, Section 2259.102, purchase and maintain Directors and Officers insurance or equivalent insurance coverage or other financial assurance, in an amount not less that the value of this Contract but sufficient, never-the-less, to protect the interests of the state, in the event of an actionable actor or omission by a director or officer of the PERFORMING PARTY. This requirement is not applicable to PERFORMING PARTIES who are state agencies as defined in Gov't Code, Chapter 791. ARTICLE 4. ACCEPTANCE. CORRECTIONS. WAIVER. WARRANTY. OUAUTY 1. Acceptance. All Work must be complete and satisfactory in the reasonable judgment of the TNRCC. 2. Corrections. PERFORMING PARTY will correct errors, omissions, and deficiencies at no charge to ~e TNRCC. ,3. Waiver. No waiver, whether expressed' or implied, shall be construed as a continuing waiver unless it is specifically described in writing as a continuing waiver. , 4. Warranty. All warranties implied by law are applicable to the Work. Nothing in this Contract nor any action of the TNRCC will act as a disclaimer of any warranty. All warranties are for a period of ONE YEAR from the date of acceptance unless a different period is stated in this Contract or in a written warranty. PERFORMING PARTY expressly warrants that the TNRCC will receive the benefits of third-party warranties (whether manufacturer or supplier) applicable to the Work. 5. Quality. All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract. If required by TNRCC, PERFORMING PARTY will furnish satisfactory evidence (which may include reports of required tests) as to the kind and quality of materials and equipment. All materials 'and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with instructions of the applicable Supplier, except as otherwise provided in the Contract ARTICLES. PAYMENT 1. Payment Methods. TNRCC will reimburse PERFORMING PARTY's allowable costs of providing Work which is satisfactory, accepted by TNRCC, and in conformity with all requirements of this Contract and applicable law. Payment will be either' on a basis of a) reimbursement of actual costs as incurred, or b) agreed upon fixed rates which are the nearest practicable estimate of PERFORMING PARTY's actual costs. 2. Reimbursement of Actual Cost as Incurred. If this Contract contains a Contract Costs Budget, PERFORMING PARTY will be paid on the basis of reimbursement of actual costs. At the intervals specified in the Contract Costs Budget, PERFORMING PARTY Iilay submit a request for reimbursement of the actual costs it has incurred. All such requests must be accompanied by supporting documentation as required by this Contract. PERFORMING PARTY agrees that the TNRCC's obligation to reimburse the PERFORMING PARTY's costs will remain within the Contract Costs Budget and that cumulative transfers among the budgeted direct cost categories will not exceed ten percent (10%) of the total reflected therein. Agreement I InteragencylInterlocall Category I -- Standard Form -- pg 8 , Revised: November 24, 1997 -- Printed: July 25, 2000 '