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e e a. If PERFORMING PARTY is a'state agency as detined in GOV'TCODE ch. 791, then all reimbursement requests must be submitted to the TNRCC Project Representative on a State of Texas Interagency Transaction Voucher. All requests must be accompanied by a.. summary report or invoice showing the , budgeted cost categories for the reported expenditures and indicating the amount remaining in each category. ' b. If PERFORMING PARTY is not a state agency, then all reimbursement requests must be submitted to the TNRCC Project Representative with a completed TNRCC Financial Status Report (TNRCC Form 269a) and (as applicable) TNRCC Supplemental Financial Status Report Forms 269a-1,269a-3, and 269a-4. A final Financial Status Report must be submitted no later than 90 days following the termination date of this Contract. 3. Payment at Fixed Rates. If this Contract contains a Schedule of Fixed Rates, PERFORMING PARTY will be paid on the basis of agreed upon fixed rates (fixed prices). At the intervals specified in the Schedule of Fixed Rates, PERFORMING PARTY may submit an invoice requesting payment for all satisfactorily completed work at the fixed rates specified in the Schedule of Fixed Rate~. All such requests must be submitted to the TNRCC Project Representative and must be accompanied by supporting documentation as required by this Contract. If PERFORMING PARTY is a state agency, the payment request must be submitted on an Interagency Transaction Voucher. I 4. TNRCC may refuse to pay any request submitted more than 90 days after the tennination of this Contract. ARTICLE 6. SUBCONTRACTORS. OTHERS 1. Qualified Personnel. All employees and s,ubcontractors employed by PERFORMING PARTY on or for the , Work must have sufficient qualifications to perform the Work. 2. Objections. PERFORMING PARTY will not employ any particular subcontractor, supplier or other person or organization on or for the Work if TNRCC makes a reasonable written objection against such subcontractor, supplier, person, or organization. PERFORMING PARTY will "not be required to employ any particular subcontractor, supplier or other person or organization if PERFORMING PARTY makes a reasonable objection. , 3. Subcontracts. PERFORMING PARTY will include all provisions which may be necessary to accomplish all requirements of this Contract in its employment policies and contracts and its subcontracts, and shall require its subcontractors to do the same. ARTICLE 7. IN1ELLEClUAL PROPERTY 1. License of Future Rights. With respect to any intellectual property which is conceived, developed, written, invented, flJ'St actually reduced to practice or otherwise produced by PERFORMING PARTY, its employees, subcontractors, or subcontractor's employees during the performance of the Work, PERFORMING PARTY,hereby assigns to TNRCC a nonexclusive, perpetual, irrevocable, enterprise-wide license to use, copy, publish and modify such intellectual property and authorize others to do so for TNRCC purposes. Upon termination of this Contract, all data and information by PERFORMING PARTY will be furnished to TNRCC. 2. License of Existing Rights. PERFORMING PARTY grants to TNRCC a nonexclusive, perpetual, irrevocable, enterprise-wide license to use, copy, publish, and modify any intellectual property in the Work and to authorize others to do so for TNRCC purposes. PERFORMING PARTY shall secure all necessary intellectual property licenses from third parties and warrants that the Work and the intended use of the Work will not infringe any , property rights of any third-party. PERFORMING PARTY agrees to require its contractors to indemnify and hold harm1ess TNRCC from damages arising from or related to any infringement of rights in intellectual property. To the extent pennitted by law, PERFORMING "PARTY agrees to indemnify and hold hannless TNRCC from damages arising from or related to any infringement of rights in intellectuBI property. ARTICLE 8. SEVERABILITY ' The fact that a particular provision is held under any applicable law to be void or unenforceable in no way affects the validity of other provisions and the contract will continue to be binding on both parties. Any provision that is Agreement I InteragencylInterlocall Category I -- Standard Form -- pg 9 Revised: November 24, 1997 -- Printed: July 25, 2000