Common use of State Contracting Requirements Clause in Contracts

State Contracting Requirements. A. Vendor shall obtain and maintain, for the duration of this Agreement, a commercial general liability and property damage insurance policy that designates TAMUT University as an additional insured, and that provides coverage in the amount of $100,000.00 per single occurrence for property damage (including TAMUT’s property) and $1,000,000.00 per single occurrence and $2,000,000.00 aggregate for injury to or death of any person that results directly or indirectly from the negligent act or omission of Vendor or Vendor’s officers, employees, agents, contractors, or invitees for the duration of this Agreement. The required insurance shall be with an insurance company or companies authorized to do business in the State of Texas and under policy or policies acceptable to TAMUT. B. Vendor acknowledges that TAMUT is subject to constitutional and statutory limitations on its ability to enter into certain terms and conditions of this Agreement, which may include, but is not limited to, those terms and conditions relating to liens on TAMUT’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”). Terms and conditions relating to these Limitations will only be binding on TAMUT to the extent permitted by the Constitution and the laws of the State of Texas. Neither the execution of this Agreement by TAMUT nor any other conduct, action, or inaction of any representative of TAMUT relating to this Agreement constitutes or is intended to constitute a waiver of TAMUT’s or the State’s sovereign immunity to suit. C. Under Section 231.006, Texas Family Code, the vendor or applicant certifies that the individual or business entity named in this contract, bid, or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate. D. The dispute resolution process provided in Chapter 2260, Texas Government Code, and the related rules adopted by the Texas Attorney General pursuant to Chapter 2260, shall be used by TAMUT and Vendor to attempt to resolve any claim for breach of contract made by Vendor that cannot be resolved in the ordinary course of business. Vendor shall submit written notice of a claim of breach of contract under this Chapter to the University Contracts Director of TAMUT, who shall examine Vendor’s claim and any counterclaim and negotiate with Vendor in an effort to resolve the claim. E. The validity of the Agreement and all matters pertaining thereto shall be governed and determined by the Constitution and the laws of the State of Texas. Venue for any suit filed against TAMUT shall be Bowie County, Texas.