SECTION 4.6. Awardee Responsibilities

In order to receive disbursement of loan funds that have been committed to them, awardees will be required by contract with the Commission to:

(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 state terms and conditions;

(2) have financial management systems that meet the requirements of the Commission;

(3) retain financial management records, supporting documents, statistical records, and other materials pertinent to the award until the debt is retired and make these records available to the Commission upon request;

(4) be responsible for performing the duties and tasks described under all project loan agreements;

(5) provide the Commission with copies of all project documentation required by federal or other financial partners;

(6) provide project demonstrations, site inspections, photo or other documentation, including written materials to substantiate benefit to the community's economy and enhancement of the military value of the facility as may be requested by the Commission;

(7) agree that the loan may be suspended or terminated if the awardee fails to comply with the terms and conditions of the loan, or if the financial partnership is suspended or terminated;

(8) agree that when two or more entities are participating together as an awardee, if one or more of the entities does not fulfill its loan repayment obligation, then the remaining entity or entities are still liable for repayment of the entire loan amount;

(9) agree that neither the Commission nor the Office of the Governor shall 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

(10) agree to such other terms and conditions as the Commission may require.

Source Note: The provisions of this §4.6 adopted to be effective October 10, 2010, 35 TexReg 9077; amended to be effective January 28, 2016, 41 TexReg 681