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09-09-22
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09-09-22
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9/23/2022 1:21:53 AM
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City Meetings
Meeting Body
City Council
Meeting Doc Type
Agenda Packet
Date
9/12/2022
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DocuSign Envelope ID: 348BB866-CFC7-422D-BFB7-863533B13759 <br />8.13 DISPUTE RESOLUTION <br />Except as otherwise provided by statute, rule or regulation, Subrecipient shall use the <br />dispute resolution process established in Chapter 2260 of the Texas Government Code <br />and related rules to attempt to resolve any dispute under this Contract, including a claim <br />for breach of contract by the GLO, that the Parties cannot resolve in the ordinary course <br />of business. Neither the occurrence of an event giving rise to a breach of contract claim <br />nor the pendency of such a claim constitutes grounds for Subrecipient to suspend <br />performance of this Contract. Notwithstanding this provision, the GLO reserves all legal <br />and equitable rights and remedies available to it. NOTHING IN THIS SECTION SHALL BE <br />CONSTRUED AS A WAIVER OF THE GLO's SOVEREIGN IMMUNITY. <br />8.14 CONFIDENTIALITY <br />To the extent permitted by law, Subrecipient and the GLO shall keep all information, in <br />whatever form produced, prepared, observed, or received by Subrecipient or the GLO, <br />confidential to the extent that such information is: (a) confidential by law; (b) marked or <br />designated "confidential" (or words to that effect) by Subrecipient or the GLO; or (c) <br />information that Subrecipient or the GLO is otherwise required to keep confidential by <br />this Contract. Subrecipient must not make any communications or announcements <br />relating to this Contract through press releases, social media, or other public relations <br />efforts without the prior written consent of the GLO. <br />8.15 PUBLIC RECORDS <br />The GLO shall post this Contract to the GLO's website. Subrecipient understands that the <br />GLO will comply with the Texas Public Information Act (Texas Government Code <br />Chapter 552, the "PIA"), as interpreted by judicial rulings and opinions of the Attorney <br />General of the State of Texas (the "Attorney General"). Information, documentation, and <br />other material in connection with this Contract may be subject to public disclosure <br />pursuant to the PIA. Subrecipient is required to make any information created or <br />exchanged with the GLO or the State of Texas pursuant to the Contract, and not <br />otherwise excepted from disclosure under the PIA, available to the GLO in portable <br />document file (".pdf') format or any other format agreed upon between the Parties that is <br />accessible by the public at no additional charge to the GLO or the State of Texas. By <br />failing to mark any information that Subrecipient believes to be excepted from disclosure <br />as "confidential" or a "trade secret," Subrecipient waives any and all claims it may make <br />against the GLO for releasing such information without prior notice to Subrecipient. The <br />Attorney General will ultimately determine whether any information may be withheld <br />from release under the PIA. Subrecipient shall notify the GLO's Office of General <br />Counsel within twenty-four (24) hours of receipt of any third -party written requests for <br />information and forward a copy of said written requests to PIALega1(&_ glo.texas.zov. If a <br />request for information was not written, Subrecipient shall forward the third party's <br />contact information to the above -designated e-mail address. <br />8.16 AMENDMENTS TO THE CONTRACT <br />Amendments to decrease or increase the subaward, to add or delete an Activity as <br />allowed by the Guidance Documents, to extend the term of the Contract, and/or to make <br />GLO Contract No. 22-119-004-D374 <br />Page 21 of 29 <br />
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