Common use of Debts or Delinquencies to State Clause in Contracts

Debts or Delinquencies to State. Borrower acknowledges and agrees that, to the extent Borrower owes any debt or delinquent taxes to the State of Texas, any payments or other amounts Borrower is otherwise owed under or related to this Agreement may be applied by the Comptroller of Public Accounts toward any debt or delinquent taxes Borrower owes the State of Texas until the debt or delinquent taxes are paid in full. These provisions are effective at any time Borrower owes any such debt or delinquency. Borrower shall comply with rules adopted by the Comptroller under Sections 403.055, 403.0551 and 2252.903 of the Texas Government Code, and other applicable laws and regulations regarding satisfaction of debts or delinquencies to the State of Texas. Furthermore, Borrower acknowledges and agrees that any obligation to refund or return contract funds based on termination or breach of this Agreement entered into by Borrower and Lender creates “a debt to the state” for purposes of Section 403.055 of the Texas Government Code. Borrower further acknowledges and agrees that the terms of this Agreement are sufficient to create a debt by agreement between the Borrower and Lender. Lender agrees that it shall provide Borrower the opportunity to contest the amount due or the existence of a breach through an internal administrative review process which shall be determined by Lender. Borrower’s failure to return any amount owed upon conclusion of Lender’s administrative review process shall allow Lender to use the warrant-hold process under Section 403.055 of the Texas Government Code as a means of enforcing Borrower’s compliance with the terms of the Grant Agreement or to recover grant funds required to be returned by Borrower under the terms of this Agreement. If Borrower is a “local government entity” as defined under Section 271.151 of the Texas Local Government Code, Borrower acknowledges and agrees that this Agreement is a written contract stating the essential terms for providing services to Borrower, and therefore, this Agreement is subject to Chapter 271, Subchapter I, of the Local Government Code which waives sovereign immunity for certain breach of contract claims.

Debts or Delinquencies to State. Borrower Xxxxxxx acknowledges and agrees that, to the extent Borrower Grantee owes any debt or delinquent taxes to the State of Texas, any payments or other amounts Borrower Grantee is otherwise owed under or related to this Agreement may be applied by the Comptroller CPA of Public Accounts toward any debt or delinquent taxes Borrower Grantee owes the State of Texas until the debt or delinquent taxes are paid in full. These provisions are effective at any time Borrower Grantee owes any such debt or delinquency. Borrower Grantee shall comply with rules adopted by the Comptroller CPA under Sections 403.055, 403.0551 403.0551, and 2252.903 of the Texas Government Code, and other applicable laws and regulations regarding satisfaction of debts or delinquencies to the State of Texas. Furthermore, Borrower Xxxxxxx acknowledges and agrees that any obligation to refund or return contract grant funds based on termination or breach of this Agreement entered into by Borrower Grantee and Lender CPA creates “a debt to the state” for purposes of Section 403.055 of the Texas Government Code. Borrower Xxxxxxx further acknowledges and agrees that the terms of this Agreement are sufficient to create a debt by agreement between the Borrower Grantee and LenderCPA. Lender CPA agrees that it shall provide Borrower Grantee the opportunity to contest the amount due or the existence of a breach through an internal administrative review process which shall be determined by LenderCPA. BorrowerApplicant’s failure to return any amount owed upon conclusion of LenderCPA’s administrative review process shall allow Lender CPA to use the warrant-hold process under Section 403.055 of the Texas Government Code as a means of enforcing BorrowerGrantee’s compliance with the terms of the Grant Agreement or to recover grant funds required to be returned by Borrower Grantee under the terms of this Agreement. If Borrower is a “local government entity” as defined under Section 271.151 of the Texas Local Government Code, Borrower acknowledges and agrees that this Agreement is a written contract stating the essential terms for providing services to Borrower, and therefore, this Agreement is subject to Chapter 271, Subchapter I, of the Local Government Code which waives sovereign immunity for certain breach of contract claims.