Texas Education Code. Contractor shall cooperate with any authorized agents of the State of Texas and shall provide them with prompt access to all of the Work as requested. Contractor's failure to comply with this requirement shall constitute a material breach of Agreement and shall authorize LIT and the State of Texas to assess immediately appropriate damages for such failure. Contractor acknowledges and understands that the acceptance of funds under Agreement shall constitute consent to an audit by the State Auditor, Comptroller or other agency of the State of Texas. Contractor shall ensure that this paragraph concerning the State’s authority to audit funds received indirectly by subcontractors through Contractor and the requirement to cooperate is included in any subcontract it awards. Furthermore, under the direction of the legislative audit committee, an entity that is the subject of an audit or investigation by the State Auditor must provide the State Auditor with access to any information the State Auditor considers relevant to the investigation or audit. LIMITATIONS: THE PARTIES ARE AWARE THAT THERE ARE CONSTITUTIONAL AND STATUTORY LIMITATIONS ON THE AUTHORITY OF LIT (A STATE AGENCY) TO ENTER INTO CERTAIN TERMS AND CONDITIONS THAT MAY BE A PART OF THIS AGREEMENT, INCLUDING THOSE TERMS AND CONDITIONS RELATING TO LIENS ON LIT'S PROPERTY; DISCLAIMERS AND LIMITATIONS OF WARRANTIES; DISCLAIMERS AND LIMITATIONS OF LIABILITY FOR DAMAGES; WAIVERS, DISCLAIMERS AND LIMITATIONS OF LEGAL RIGHTS, REMEDIES, REQUIREMENTS AND PROCESSES; LIMITATIONS OF PERIODS TO BRING LEGAL ACTION; GRANTING CONTROL OF LITIGATION OR SETTLEMENT TO ANOTHER PARTY; LIABILITY FOR ACTS OR OMISSIONS OF THIRD PARTIES; PAYMENT OF ATTORNEYS' FEES; DISPUTE RESOLUTION; INDEMNITIES; AND CONFIDENTIALITY (COLLECTIVELY, THE "LIMITATIONS"), AND TERMS AND CONDITIONS RELATED TO THE LIMITATIONS WILL NOT BE BINDING ON LIT EXCEPT TO THE EXTENT AUTHORIZED BY THE LAWS AND CONSTITUTION OF THE STATE OF TEXAS.
Texas Education Code. The undersigned parties bind themselves to the faithful performance of this contract. PERFORMING PARTY RECEIVING PARTY Texas A&M Transportation Institute City of Xxxxx Authorized Signature Authorized Signature Xxxxxxx X. Xxxxxxx Xxxxxx Xxxxxx Agency Director Mayor Title Title Date Date SCHEDULE A SCOPE OF SERVICES The City Engineer of the City of Xxxxx requested profiler assistance to measure the ride quality of the new pavement located along South College Avenue between Xxxxx Xxxxx Road and Sulphur Springs Road prior to and after completion of the City’s construction contractor performing pavement grinding operations to smooth the pavement ride. The Texas A&M Transportation Institute (TTI) researcher, Xxxxxxxx Xxxxxxxx will collect profile measurements to determine the existing roughness and the locations that contribute to this roughness and collect profile measurements after pavement grinding to determine the effectiveness of the grinding. To collect the ride quality data, the researcher will conduct the following: • Collect profile measurements along the travel lanes of South College Avenue between Xxxxx Xxxxx Xxxx and Sulphur Springs Road. • Analyze profile data to identify rough areas where corrective work is needed to improve ride quality. • Retest the surface after grinding to determine the quality of the grind and measure its smoothness. • Includes testing the ride quality of the center turn lane before and after grinding. SCHEDULE B Payment Schedule Payment Due Amount Due 1st Payment due after services to determine smoothness before grinding. $4,444.00 2nd Payment due after the grinding is completed. $4,444.00
Texas Education Code. During the term of this Agreement, Institution has and will maintain in force adequate insurance to cover its indemnification obligations hereunder, and will provide InterMune with certification of such insurance upon written request.
Texas Education Code. The Contracting Parties agree to cooperate with the Auditor in the conduct of the audit or investigation, including without limitation providing all records requested. The Contracting Parties will include this provision in all contracts with permitted subcontractors.
Texas Education Code. To the extent the Texas Education Agency or any other regulatory body with authority over an independent school district in the State of Texas imposes development standards on LTISD, nothing herein is intended to excuse LTISD compliance with those standards.
