Failure to Demonstrate Good Faith Effort. Upon a determination by Owner that Contractor has failed to demonstrate a good-faith effort to fulfill the HUB subcontracting plan or any Contract covenant detailed above, Owner may, in addition to all other remedies available to it, report the failure to perform to the Comptroller of Public Accounts, Texas Procurement and Support Services Division, Historically Underutilized Business Program and may bar Contractor from future contracting opportunities with Owner.
Failure to Demonstrate Good Faith Effort. Upon a determination by Owner that the Contractor has failed to demonstrate a good faith effort to fulfill the HUB Subcontracting Plan or any Contract covenant detailed above, the Owner, in addition to all other remedies available to it, may report nonperformance to the state Comptroller in accordance with 34 TAC §20.585-20.586. In addition, if the, Contractor failed to implement the HSP in good faith; the Owner may revoke the Contract for breach of Contract and make a claim against the Contractor
Failure to Demonstrate Good Faith Effort. Upon a determination by Owner that Contractor has failed to demonstrate a good-faith effort to fulfill the HUB subcontracting plan or any Contract covenant detailed above, Owner may, in addition to all other remedies available to it, report the failure to perform to the Comptroller of Public Accounts, Texas Procurement and Support Services Division, Historically Underutilized Business Program and may bar Contractor from future contracting opportunities with Owner.
9. Sub-Paragraph 5.1.1 of the UGC is replaced to read as follows:
5.1.1. A Performance Bond is required if the Contract Price is in excess of $100,000. The Performance Bond is solely for the protection of the Owner. The Performance Bond is to be for the Contract Sum to guarantee the faithful performance of the Work in accordance with the Contract Documents. The form of the bond shall be approved by the Attorney General of Texas. The Performance Bond shall be effective through the Contractor’s the Call-Back Warranty Period established in Paragraph 13.2.
10. Paragraph 5.2.2 of the UGC is revised to read as follows: