SECTION 16.45. Failure to Perform

(a) A grant recipient shall forfeit up to the amount of the grant funds received if the office determines the grant recipient has failed to perform, in material respect, the obligations established in the grant agreement. The office may make such a determination at any time during the grant agreement. The amount forfeited shall be determined at the sole discretion of the office taking into account factors including, but not limited to, the amount of the project that was timely completed, excusable delays or other force majeure events, and the materiality of default(s).

(b) A grant recipient shall not be required to forfeit the amount of the grant funds received if it fails to perform due to acts of war, terrorism, natural disaster declared by the governor of this state, an act of God, force majeure, a catastrophe, or such other occurrence over which the grant recipient has no control.

(c) A failure to perform resulting in forfeiture of grant funds may be cause for the office to bar an applicant from future consideration for grant funds under this program.

Source Note: The provisions of this §16.45 adopted to be effective February 19, 2023, 48 TexReg 685