October 15, 2012 - City of Laredo

VI. Subcontracting
Grantee may subcontract or sub-grant for the purposes of this Agreement as specifically authorized by Commission
pursuant to the terms and subject to compliance with the flow down provisions of Attachment I of this Agreement.
VII. Amendments
This Agreement may only be amended upon the written agreement of the parties by executing an amendment to this
Agreement; however, Commission may unilaterally amend this Agreement as provided in Paragraph XV.
VIII. Incorporation of Attachments and Exhibit; Incorporation by Reference
This Agreement consists of all of the following documents which are attached to and incorporated in this Agreement for
all purposes: The Agreement and the following documents, which are attached to and incorporated in this Agreement,
constitute the entire agreement between the parties for all purposes
This Agreement;
Attachment A:
Attachment B:
Attachment C:
Attachment C-1:
Attachment C-2:
Attachment D:
Attachment E:
Attachment F:
Attachment G:
Attachment H:
Attachment I:
Attachment J:
Attachment K:
Attachment L:
Exhibit 1:
Statement of Services to be Performed
Project Budget
DOE Required Special Terms & Conditions
Assurance of Compliance with Nondiscrimination Laws-Grantee
Assurance of Compliance with Nondiscrimination Laws-Subcontractor
Certification Regarding Debarment, Suspension, Eligibility
Certification Regarding Lobbying, Suspension
Lobbying Activities
NEPA Assurances
Intellectual Property Provisions
Subcontractor or Sub-grantees; Flow down Provisions
Affidavit of Compliance
Execution of Application
Reporting Requirements
DOE Assistance Agreement, Award No. DE-EE002564
In the event of a conflict between this Agreement, its Attachments, or Exhibit 1, then Exhibit 1 shall control.
All applicable rules, regulations and all other requirements imposed by law, including, but not limited to, those pertinent
rules and regulations of the Commission and the State of Texas, are incorporated into this Agreement by reference as if
specifically written herein.
IX. Funding
The Commission's obligations under this Agreement is contingent upon and subject to availability of and actual receipt by
Commission of sufficient and adequate funds from the sources contemplated by this Agreement. This Agreement is
subject to immediate cancellation or termination by Commission, without penalty to either party or the State of Texas,
subject to the availability and receipt of these funds. In addition, Commission's authority and appropriations are subject
to the actions of the Texas Legislature. If Commission becomes subject to a legislative change, revocation of statutory
authority, or lack of funds that would render the services to be provided under this Agreement impossible or unnecessary,
Commission may terminate this Agreement without penalty to either party or the State of Texas. In the event of a
termination or cancellation under this Paragraph, Commission shall, as soon as practicable, give notice to Grantee and
neither party shall be liable for damages or losses caused or associated with such termination or cancellation.
X. Term of Agreement
The term of this Agreement shall begin on the date executed by all parties and be effective until January 31,2014, unless
terminated earlier in accordance with other provisions of this Agreement. The provisions of the following shall survive
the termination or expiration of this Agreement: Paragraphs XIII, XIV, XVII; Sections 17.2, 17.3, 17.6; and applicable
provisions of Exhibit 1 and Attachment C.
XI. Force Majeure
Except as otherwise provided, neither Grantee nor Commission shall be liable to the other for any delay in, or failure of
performance of any requirement contained in this Agreement caused by force majeure. The existence of such causes of
delay or failure shall extend the period of performance until after the causes of delay or failure have been removed
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