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<br />.e <br /> <br />e <br /> <br />held to be void or unenforceable will be replaced with language that is as close as possible to the intent of the <br />original provision. <br /> <br />ARTICLE 9. SUSPENSION: TERMINATION <br />1. For Cause. In the event of PERFORMING PARTY's failure to perform the Work as required by the Contract, <br />violation of applicable law, substantial or material default, or other cause, TNRCC may suspend the Work or <br />, terminate thili Contract for cause. ' <br /> <br />2. Force Majeure. In the event of delay or failure of perfonnance caused by force majeure, TNRCC may terminate <br />this Agreement in whole or part upon seven (7) days written notice. <br /> <br />3. For 90nvenience. TNRCC may terminate this Contract for convenience and without cause upon seven (7) days <br />notice. <br /> <br />4. Payment Adjustment. If the TNRCC terminates for convenience or because of force majeure, PERFORMING <br />PARTY shall be paid only for goods and services provided and necessary expenses incurred prior to termina~on. <br /> <br />ARTICLE 10. SURVIVAL OF OBUGATIONS .' <br />All representations, indemnifications, warranties and guarantees made in, required by or given in accordance with <br />this Contract, as well as all continuing obligations indicated,in the Contract, will survive final payment, completion <br />and acceptance of the Work and termination o.r completion of the Con~act. <br /> <br />ARTICLE 11. LAWS AND REGULATIONS <br />PERFORMING PARTY shall give all notices and comply with all applicable law regarding the Work. Except <br />where otherwise expressly required by applicable law, TNRCC shan not be responsible for monitoring <br />PERFORMING PARTY compliance with any applicable law. <br /> <br />ARTICLE 12. AUDIT. ACCESS TO RECORDS <br />The PERFORMING PARTY shall maintain books and records concerning all Work under this Contract (including <br />that perfonned by subcontractors), and shall retain them for at least three (3) years from the date of termination of <br />this Contract. The TNRCC, the Texas State Auditor's Office, or any of their duly authorized representatives may <br />review, audit, copy, or disclose the contents of such books or records at any time. <br /> <br />ARTICLE 13. NUSCELLANEOUS <br />1. Except as otherwise provided in this Contract, PERFORMING PARTY will direct all communications with the <br />TNRCC to the Project Representative designated by the TNRCC. The PERFORMING PARTY will designate a <br />Project Representative to receive all communications from the TNRCC. Both Project Representatives will be <br />designated in writing (see Project Representatives / ~ecords Location). <br /> <br />2. "Time is of the Essence" will apply to all time limits stated in the Contract. <br /> <br />3. The PERFORMING PARTY will adhere to all applicable standards, principles and guidelines detailed in the <br />Unifonn Grant and Contract Management Standards (UGCMS), including those related to financial monitoring, <br />auditing and record keeping. <br /> <br />ARTIcLE 14. DELINOUENT STATE TAXES <br />The PERFORMING PARTY agrees that any payments due under this Contract will be applied towards any debt <br />owed to the State of Texas. This requirement is not applicable to PERFORMING PARTIES who are state agencies <br />as defined in Go.v't Code, Chapter 791. <br /> <br />ARTICLE 15. REMEDIES AND SANCI10NS <br />1. In accord~ce with Chapter 2259 Texas Government Code, the following Sch:edule of Remedies applies to this <br />Contract in the event of substandard performance or other failure to confonn to the requirements of the Contract or <br />applicable law. <br /> <br />a. Reject the substandard performance and request corrections without charge to the TNRCC. <br />,b. Issue a notice of substandard performance or other non-confonning act or omission. <br /> <br />Agreement I InteragencylInterlocall Category I -- Standard Fonn -- pg 10 <br />Revised: November 24, 1997.- Printed: July 25. 2000 ' <br />