Except as provided for in the Unilateral Amendments section below, this Contract can only be changed by an Amendment executed by both Parties. UNILATERAL AMENDMENT. A Unilateral Amendment will be issued by DFPS and it will be effective 10 days after it is sent to the Contractor. DFPS has sole discretion as to whether a change to the Contract will require an Amendment. DFPS will issue a Unilateral Amendment to: Correct an obvious clerical error; Modify a contract number or Agency ID Number; Incorporate new or revised state or federal laws, regulations, rules or policies; Comply with a court order or judgment; Update service level description or daily rates; Update name as recorded by the Secretary of State, as required by law or as Contractor’s authorized by DFPS; Change either Contract Manager or legal notice designee or contact information; Party’s and Change any recorded license number based on information obtained from the agency or entity issuing the license. SECTION VI TERMINATION TERMINATION FOR CONVENIENCE. DFPS will terminate the Contract, in whole or in part, at any time when, in its sole discretion, DFPS determines that termination is in the best interests of the State of Texas. The termination will be effective on the date specified in of termination. DFPS’s notice TERMINATION FOR CAUSE. If the Contractor fails to provide the services or goods required by this Contract or fails to comply with any terms or conditions of it, DFPS will terminate the Contract in whole or part. In addition to any other remedy allowed by law, Contractor will be responsible to DFPS for all costs incurred by DFPS and the State of Texas to replace the Contractor. These costs include, but are not limited to, the costs of procuring a substitute Contractor and the cost of any claim or litigation that is reasonably attributable to failure to Contractor’s provide services or goods. EQUITABLE SETTLEMENT.
Except as provided for in the Unilateral Amendments section below, this Contract can only be changed by an Amendment executed by both Parties. UNILATERAL AMENDMENT. A Unilateral Amendment will be issued by DFPS and it will be effective 10 days after it is sent to the Contractor. DFPS has sole discretion as to whether a change to the Contract will require an Amendment. DFPS will issue a Unilateral Amendment to: Correct an obvious clerical error; Modify a contract number or Agency ID Number; Incorporate new or revised state or federal laws, regulations, rules or policies; Comply with a court order or judgment; Update service level description or daily rates; Update Contractor’s name as recorded by the Secretary of State, as required by law or as authorized by DFPS; Change either Party’s Contract Manager or legal notice designee or contact information; and Change any recorded license number based on information obtained from the agency or entity issuing the license. SECTION VI TERMINATION TERMINATION FOR CONVENIENCE. DFPS will terminate the Contract, in whole or in part, at any time when, in its sole discretion, DFPS determines that termination is in the best interests of the State of Texas. The termination will be effective on the date specified in DFPS’s notice of termination. TERMINATION FOR CAUSE. If the Contractor fails to provide the services or goods required by this Contract or fails to comply with any terms or conditions of it, DFPS will terminate the Contract in whole or part. In addition to any other remedy allowed by law, Contractor will be responsible to DFPS for all costs incurred by DFPS and the State of Texas to replace the Contractor. These costs include, but are not limited to, the costs of procuring a substitute Contractor and the cost of any claim or litigation that is reasonably attributable to Contractor’s failure to provide services or goods. EQUITABLE SETTLEMENT.
4-6-3-GRO-Open-Enrollment-Contract-Documents.docx