Laserfiche WebLink
DocuSign Envelope ID: 348BB866-CFC7-422D-BFB7-863533B13759 <br />Attachment C <br />GLO Contract No. 22-119-004-D374 <br />Page 3 of 9 <br />of the event giving rise to the claim. The notice must state with particularity: (1) the <br />nature of the alleged breach; (2) the amount Subrecipient seeks as damages; and (3) the <br />legal theory of recovery. <br />b. The chief administrative officer, or if designated in the Contract, another officer of the <br />GLO, shall examine the claim and any counterclaim and negotiate with Subrecipient in <br />an effort to resolve them. The negotiation must begin no later than the 120th day after the <br />date the claim is received, as is contemplated by Texas Government Code, Chapter 2260, <br />Section 2260.052. <br />c. If the negotiation under paragraph (b) above results in the resolution of some disputed <br />issues by agreement or in a settlement, the Parties shall reduce the agreement or <br />settlement to writing and each Party shall sign the agreement or settlement. A partial <br />settlement or resolution of a claim does not waive a Party's rights under this Contract as <br />to the parts of the claim that are not resolved. <br />d. If a claim is not entirely resolved under paragraph (b) above, on or before the 270th day <br />after the date the claim is filed with the GLO, unless the Parties agree in writing to an <br />extension of time, the Parties may agree to mediate a claim made under this dispute <br />resolution procedure. This dispute resolution procedure is Subrecipient's sole and <br />exclusive process for seeking a remedy for an alleged breach of contract by the GLO if <br />the Parties are unable to resolve their disputes as described in this section. <br />e. Nothing in the Contract shall be construed as a waiver of the state's or the GLO's <br />sovereign immunity, or, if applicable, the governmental immunity of Subrecipient. This <br />Contract shall not constitute or be construed as a waiver of any of the privileges, rights, <br />defenses, remedies, or immunities available to the State of Texas or Subrecipient. The <br />failure to enforce, or any delay in the enforcement, of any privileges, rights, defenses, <br />remedies, or immunities available to the State of Texas or, if applicable, of Subrecipient <br />under this Contract or under applicable law shall not constitute a waiver of such <br />privileges, rights, defenses, remedies or immunities or be considered as a basis for <br />estoppel. The GLO does not waive any privileges, rights, defenses, or immunities <br />available to it by entering into this Contract or by its conduct, or by the conduct of any <br />representative of the GLO, prior to or subsequent to entering into this Contract. <br />Subrecipient does not waive any privileges, rights, defenses, or immunities available to it <br />by entering into this Contract or by its conduct, or by the conduct of any representative of <br />the GLO, prior to or subsequent to entering into this Contract. <br />f. Except as otherwise provided by statute, rule, or regulation, compliance with the dispute <br />resolution process provided for in Texas Government Code, Chapter 2260, subchapter B <br />and incorporated by reference in subsection (a)-(d) above is a condition precedent to the <br />Subrecipient: (1) filing suit pursuant to Chapter 114 of the Civil Practices and Remedies <br />Code; or (2) initiating a contested case hearing pursuant to Subchapter C of Chapter 2260 <br />of the Texas Government Code. <br />15. If Chapter 2271 of the Texas Government Code applies to this Contract, Subrecipient verifies <br />that it does not boycott Israel and will not boycott Israel during the term of the Contract.* <br />16. This Contract is contingent upon the continued availability of lawful appropriations by the <br />Texas Legislature. Subrecipient understands that all obligations of the GLO under this <br />* This section does not apply to a contract with a "governmental entity" as defined in Texas Government Code Chapter 2251. <br />Rev. 12/9/2021 <br />