In order to receive disbursement of grant program funds that have been committed to them, awardees will be required by contract with the Office of the Governor to:

1. (1) Have a system established in writing to ensure that appropriate officials provide necessary internal reviews and approvals for the expenditure of funds and for monitoring project performance and adherence to federal award and/or state terms and conditions;
2. (2) Have financial management systems that meet the requirements of the Commission;
3. (3) Retain financial management records, supporting documents, statistical records, and other materials pertinent to the award for a period of three or more years following submission of the final project report and make these records available to the Commission upon request;
4. (4) Be responsible for performing the duties and tasks described under all project grant agreements with federal, state and other financial partners;
5. (5) Provide the Commission with copies of all project documentation required by federal or other financial partners;
6. (6) Provide project demonstrations, site inspections, photo or other additional documentation, including written materials to substantiate benefit to the Texas economy, as requested by the Commission;
7. (7) Honor intellectual property rights of project participants as outlined in any agreements made to facilitate fulfillment of award activities;
8. (8) Agree that the award may be suspended or terminated if the awardee fails to comply with Commission terms and conditions of the award or if the financial partnership is suspended or terminated;
9. (9) Agree that no person shall be excluded from participation in, be denied benefits of, or be otherwise subjected to discrimination under the Defense Economic Adjustment Assistance Grant Program based on grounds of race, color, national origin, religious affiliation, handicap, or sex;
10. (10) Agree that the Commission shall not be held liable in the event of damages to persons or property which may occur in the course of activities conducted as a result of the award or its cancellation or withdrawal; and
11. (11) Agree to other such terms and conditions as may be stipulated in the contract.

Source Note:The provisions of this §4.38 adopted to be effective November 25, 2009, 34 TexReg 8311.