ESBD_425688_1749155288640_APPENDIX ONE.MasterLeaseAgreement.DRAFT TEMPLATE.docx

MASTER LEASE AGREEMENT BETWEEN LAMAR INSTITUTE OF TECHNOLOGY

AND

CONTRACTOR

This exclusive lease agreement (Agreement) is entered into by and between __________________ (Contractor) Federal Tax Identification Number Insert Contractor’s FEIN #, and Lamar Institute of Technology (LIT), an agency and institution of higher education established under the laws of the State of Texas, and located in Beaumont, Texas. The number associated with this Agreement (Agreement Number) is: Insert Agreement Number.

Date: September 1, 2025 (anticipated start date)

Premises:

Approximate square feet: 812 sf usable space (See Appendix TWO of RFP)

Rental (monthly) $ TBD, per month for the five-year term

Primary Term: Five years

Commencement Date: Anticipated September 1, 2025

Termination Date: Anticipated August 31, 2030

Use: Mini-banking branch office with ATM(s)

1. Definitions

1.1. Common Areas – All facilities and areas of the Building that are intended and designated by Lessor from time to time for the common, general, and nonexclusive use of all Lessees of the Building. Lessor has the exclusive control over and right to manage the Common Areas.

1.2. Essential Services – Utilities to include electricity, water, and heating and air conditioning for the room and connections reasonably necessary for occupancy of the Premises for the Use.

1.3. Lessee – Entity renting the property.

1.4. Lessor – Owner of the property.

1.5. Rent – Base Rent plus any other amounts of money due Lessor by Lessee pursuant to the terms of the Agreement.

2. Contractor Obligations and Certifications.

2.1. Contractor agrees to obtain and maintain, at its own cost, any and all approvals, licenses, filings, registrations and permits required by federal, state or local, laws, statutes, regulations and ordinances (collectively, Applicable Laws), for the duration of this Agreement.

2.2. Contractor agrees to use the Premises for the entire Term beginning on the Commencement Date and ending on the Termination Date.

2.3. Premise Rules. Contractor agrees to cause its employees, representatives, or agents who have a presence on LIT campus to become aware of, fully informed about, and in full compliance with all applicable LIT Rules, including those relative to personal health, security, environmental quality, safety, fire prevention, noise, smoking, and access restrictions.

2.4. Use of State Property. Contractor is prohibited from using State Property for any purpose other than performing Services authorized under the Agreement. Use of State Property for a purpose not authorized by Agreement shall constitute breach of contract and may result in termination of the Agreement and the pursuit of other remedies available to LIT under contract, at law, or in equity.

2.5. Contractor agrees not to alter the Premises without Lessor’s prior written consent, to include remodeling of allocated space, installation of signage, etc.

2.6. Contractor agrees to not allow a lien to be placed on the Premises.

2.7. Contractor shall obtain and pay for any utility connections not included in the Essential Services or not currently available to the Premises.

2.8. Contractor shall obtain and pay for all internet network connectivity, surveillance service connectivity, telephone connectivity, or any other service required not tied to regular utilities.

2.9. Contractor shall restrict its parking for vehicles that it parks on site to those spaces designated by Lessor and follow the Lessor’s parking rules and policies. Lessee will be responsible to secure parking permits at standard fee rates.

2.10. Contractor will promptly repair any damage to the Premises, Building, or property on which the Space is located caused by Lessee or its employees, agents, contractors, or visitors.

2.11. Contractor will submit, in writing, to Lessor any request for repairs, replacement, and maintenance that are the obligations of Lessor.

2.12. Contractor shall pay the monthly Rent to Lessor on or before the fifth (5th) day of the month for the term of the Agreement. All payments due to Lessor under this Agreement shall be payable to Lamar Institute of Technology and mailed to the address listed above.

2.13. Lessee understands the LIT president may require the Lessee to remove any person(s) from the campus that, in his or her judgment, poses a danger to health or safety.

2.14. Insurance. Contractor must obtain and maintain the current minimum insurance coverages required by LIT (see APPENDIX THREE of the RFP).

2.15. Representations and Warranties by Lessee. Lessee warrants, represents, covenants, and agrees that it is duly organized, validly existing and in good standing under the laws of the state of its incorporation or organization and is duly authorized and in good standing to conduct business in the State of Texas, that it has all necessary power and has received all necessary approvals to execute and deliver this Agreement, and the individual executing this Agreement on behalf of Lessee has been duly authorized to act for and bind Lessee.

2.16. Texas Family Code Child Support Certification. Pursuant to Section 231.001, Texas Family Code, Contractor certifies that it is not ineligible to receive the award of or payments under this Agreement and acknowledges this Agreement may be terminated and payment shall be withheld if this certification is inaccurate.

2.17. Access by Individuals with Disabilities. Contractor represents and warrants (the EIR Accessibility Warranty) that the electronic and information resources, to include Automated Teller Machines (ATMs) and all associated information, documentation, and support that it provides to LIT under the Agreement (collectively, the EIRs) comply with the applicable requirements set forth in Title 1, Chapter 213 of the Texas Administrative Code and Title 1, Chapter 206, Rule §206.70 of the Texas Administrative Code (as authorized by Chapter 2054, Subchapter M of the Texas Government Code.) To the extent Contractor becomes aware that the EIRs, or any portion thereof, do not comply with the EIR Accessibility Warranty, then Contractor represents and warrants that it will, at no cost to LIT, either (1) perform all necessary remediation to make the EIRs satisfy the EIR Accessibility Warranty or (2) replace the EIRs with new EIRs that satisfy the EIR Accessibility Warranty. In the event that Contractor fails or is unable to do so, then LIT may terminate the Agreement and Contractor will refund to LIT all amounts LIT has paid under the Agreement within thirty (30) days after the termination date.

2.18. Entities that Boycott Israel. Pursuant to Chapter 2270.002 of the Texas Government Code, Contractor certifies that either (i) it meets an exemption criterion under Section 2270.002; or (ii) it does not boycott Israel and will not boycott Israel during the term of the Agreement. Contractor shall state any facts that make it exempt from the boycott certification.

2.19. Firearm Entities and Trade Associations Discrimination. Pursuant to Chapter 2274 of the Texas Government Code, for Agreements that exceed $100,000 Contractor verifies that it:

(1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and

(2) will not discriminate during the term of the Agreement against a firearm entity or firearm trade association.

2.20. Energy Company Boycotts. Pursuant to Chapter 2274 of the Texas Government Code, for Agreements that exceed $100,000, Contractor certifies that it:

(1) does not boycott energy companies as defined in Section 809.001 (1)(A) Texas Government Code (i.e., fossil fuel companies); and

(2) will not boycott energy companies during the term of the Agreement.

2.21. Vaccine Passport Prohibition. Contractor certifies that it does not require its customers to provide any documentation certifying the customer’s COVID-19 vaccination or post-transmission recovery on entry to, to gain access to, or to receive service from the Contractor's business. Contractor acknowledges that such a vaccine or recovery requirement would make Contractor ineligible for a state-funded contract.

2.22. Critical Infrastructure Affirmation. Pursuant to Section 2274.0102 of Texas Government Code, Contractor certifies that neither it nor its parent company, nor any affiliate of Contractor or its parent company, is:

(1) majority owned or controlled by citizens or governmental entities of China, Iran, North Korea, Russia, or any other country designated by the Governor under Section 2274.0103 of Texas Government Code, or

(2) headquartered in any of those countries.

2.23. Hardening of Texas’s Critical Infrastructure. Pursuant to Executive Order GA-48 (2024), Contractor certifies that it, and, if applicable, any of its holding companies or subsidiaries, is not:

(1) Listed in Section 889 of the 2019 National Defense Authorization Act (NDAA); or

(2) Listed in Section 1260H of the 2021 NDAA; or

(3) Owned by the government of a country listed on US Department of Commerce’s foreign adversaries list under 15 C.F.R. Section 791.4; or

(4) Controlled by any governing or regulatory body located in a country on the US Department of Commerce’s foreign adversaries list under 15 C.F.R. Section 791.4.

2.24. Foreign Terrorist Organizations. Pursuant to Chapter 2252.152 of the Texas Government Code, Contractor certifies Contractor is not engaged in business with Iran, Sudan, or a foreign terrorist organization. Contractor acknowledges this Agreement may be terminated and payment withheld if this certification is inaccurate.

2.25. Ethics Matters; No Financial Interest. Contractor and its employees, agents, representatives and subcontractors have read and understand LIT’s Conflicts of Interest Policy and Code of Ethics at https://www.lit.edu/information/policies-and-procedures and applicable state ethics laws and rules, including Senate Bill 20 (84th Texas Legislature, 2015). Neither Contractor nor its employees, agents, representatives or subcontractors will assist or cause LIT employees to violate LIT's Conflicts of Interest Policy, LIT’s Ethics Code, or applicable state ethics laws or rules. Contractor represents and warrants that no member of the Board has a direct or indirect financial interest in the transaction that is the subject of this Agreement.

2.26. Notices. Except as otherwise provided by this Section, notices, consents, approvals, demands, requests or other communications required or permitted under this Agreement, will be in writing and sent via certified mail, hand delivery, overnight courier, facsimile transmission (to the extent a facsimile number is provided below), or email (to the extent an email address is provided below) as indicated below, and notice will be deemed given (i) if delivered by certified mailed, when deposited, postage prepaid, in the United States mail, or (ii) if delivered by hand, overnight courier, facsimile (to the extent a facsimile number is provided below) or email (to the extent an email address is provided below), when received:

If to LIT: Lamar Institute of Technology Attention: TBD 855 E Lavaca Beaumont, TX 77705

Or via email: TBD@lit.edu

With Copy to: Lamar Institute of Technology Attention: Sheryll Snider, Director of Procurement 855 E Lavaca Beaumont, TX 77705

Or via email: purchasing@lit.edu

If to Contractor: INSERT CONTACT INFORMATION Attention: Name and Title

INSESRT ADDRESS

INSERT CITY, ST, ZIP

Or via email: INSERT CONTACT EMAIL or other person or address as may be given in writing by either party to the other in accordance with this Section.

2.27. INDEMNIFICATION

CONTRACTOR WILL AND DOES HEREBY AGREE TO INDEMNIFY, PROTECT, DEFEND WITH COUNSEL APPROVED BY LIT, AND HOLD HARMLESS LIT AND THEIR REGENTS, OFFICERS, DIRECTORS, ATTORNEYS, EMPLOYEES, REPRESENTATIVES AND AGENTS (COLLECTIVELY "INDEMNITEES") FROM AND AGAINST ALL DAMAGES, LOSSES, LIENS, CAUSES OF ACTION, SUITS, JUDGMENTS, EXPENSES, AND OTHER CLAIMS OF ANY NATURE, KIND, OR DESCRIPTION, INCLUDING REASONABLE ATTORNEYS' FEES INCURRED IN INVESTIGATING, DEFENDING OR SETTLING ANY OF THE FOREGOING (COLLECTIVELY "CLAIMS") BY ANY PERSON OR ENTITY, ARISING OUT OF, IN CONNECTION WITH, OR RESULTING FROM THIS AGREEMENT OR THE GOODS OR SERVICES PROVIDED UNDER THIS AGREEMENT, TO THE EXTENT CAUSED, IN WHOLE OR IN PART, BY THE ACTS, OMISSIONS, OR WILLFUL MISCONDUCT OF CONTRACTOR, OR IT AGENTS, EMPLOYEES, SUBCONTRACTORS, SUPPLIERS OR ANYONE DIRECTLY EMPLOYED BY CONTRACTOR OR ANYONE FOR WHOSE ACTS CONTRACTOR MAY BE LIABLE. THE FOREGOING SHALL NOT APPLY IF DUE TO THE NEGLIGENCE OR WILLFUL MISCONDUCT OF THE INDEMNITEES. IN ADDITION, CONTRACTOR WILL INDEMNIFY, PROTECT, DEFEND WITH COUNSEL APPROVED BY LIT, AND HOLD HARMLESS THE INDEMNITEES FROM AND AGAINST ALL CLAIMS ARISING FROM INFRINGEMENT OR ALLEGED INFRINGEMENT OF ANY PATENT, COPYRIGHT, TRADEMARK OR OTHER INTELLECTUAL PROPERTY RIGHTS ARISING OUT OF, IN CONNECTION WITH, OR RESULTING FROM THIS AGREEMENT OR THE GOODS OR SERVICES PROVIDED UNDER THIS AGREEMENT. THE PROVISIONS OF THIS SECTION WILL NOT BE CONSTRUED TO ELIMINATE OR REDUCE ANY OTHER INDEMNIFICATION OR RIGHT, WHICH ANY INDEMNITEE HAS, BY LAW OR EQUITY. IN THE EVENT OF LITIGATION, LIT AGREES TO COOPERATE REASONABLY WITH CONTRACTOR. ALL PARTIES WILL BE ENTITLED TO BE REPRESENTED BY COUNSEL AT THEIR OWN EXPENSE.

2.28. Limitation

THE PARTIES ARE AWARE THAT THERE ARE CONSTITUTIONAL AND STATUTORY LIMITATIONS ON THE AUTHORITY OF LIT (A STATE AGENCY) TO ENTER INTO CERTAIN TERMS AND CONDITIONS OF THE AGREEMENT, INCLUDING, BUT NOT LIMITED TO, THOSE TERMS AND CONDITIONS RELATING TO LIENS ON LIT’S PROPERTY; DISCLAIMERS AND LIMITATIONS OF WARRANTIES; DISCLAIMERS AND LIMITATIONS OF LIABILITY FOR DAMAGES; WAIVERS, DISCLAIMERS AND LIMITATIONS OF LEGAL RIGHTS, REMEDIES, REQUIREMENTS AND PROCESSES; LIMITATIONS OF PERIODS TO BRING LEGAL ACTION; GRANTING CONTROL OF LITIGATION OR SETTLEMENT TO ANOTHER PARTY; LIABILITY FOR ACTS OR OMISSIONS OF THIRD PARTIES; PAYMENT OF ATTORNEYS’ FEES; DISPUTE RESOLUTION; INDEMNITIES; AND CONFIDENTIALITY (COLLECTIVELY, THE “LIMITATIONS”), AND TERMS AND CONDITIONS RELATED TO THE LIMITATIONS WILL NOT BE BINDING ON LIT EXCEPT TO THE EXTENT AUTHORIZED BY THE LAWS AND CONSTITUTION OF THE STATE OF TEXAS.

2.29. Sovereign Immunity. Notwithstanding any provision of this Agreement, nothing herein shall be construed as a waiver by Lamar Institute of Technology of its constitutional, statutory or common law rights, privileges, immunities or defenses. To the extent the terms of this paragraph conflicts with any other provision in this contract, the terms of this paragraph shall control.

2.30. Criminal Background Checks. Contractor will provide representation that it has conducted the following background checks on officers, employees, or other persons it causes to be on the LIT campus.

· Sex offender and criminal history databases where the above individuals will be placed on the campus, working with or around students;

· Criminal history and credit history background checks where the above individuals will be handling money, informational technology, or other security-sensitive areas as determined by LIT;

· Contractor will determine on a case-by-case basis whether each individual assigned to perform services under this Agreement is qualified to provide the services. Contractor will not knowingly assign any individual to provide services on LIT campuses who has a history of criminal conduct unacceptable for a university campus or healthcare center, including violent or sexual offenses.

2.31. Independent Contractor. For all purposes of this Agreement and notwithstanding any provision of this Agreement to the contrary, Contractor is an independent contractor and is not a state employee, partner, joint venturer, or agent of LIT. Contractor will not bind nor attempt to bind LIT to any agreement or contract. As an independent contractor, Contractor is solely responsible for all taxes, withholdings, and other statutory or contractual obligations of any sort, including workers’ compensation insurance.

2.32. Nondiscrimination. In their execution of the Agreement the parties and others acting by or through them shall comply with all federal and state laws prohibiting discrimination, harassment, and sexual misconduct. The parties agree not to discriminate on the basis of race, color, national origin, age, sex, religion, disability, or veterans’ status. Any breach of this covenant may result in termination of the Agreement.

2.33. Media / Press Releases. Except when defined as part of Covered Services, Contractor will not make any press releases, public statements, or advertisement referring to the Services or the engagement of Contractor as an independent contractor of LIT in connection with the Services or release any information relative to the Services for publication, advertisement or any other purpose without the prior written approval of LIT.

2.34. Governing Law and Venue. The Agreement and all claims arising from the Agreement shall be interpreted and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws principles. Any judicial action or proceeding between the parties relating to the Agreement and all claims arising from the Agreement shall be brought in the federal or state courts serving Travis County in the State of Texas.

2.35. Excluded Parties. Contractor certifies that it is not listed in the prohibited vendors list authorized by Executive Order No. 13224, “Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism”, published by the United States Department of the Treasury, Office of Foreign Assets Control.

2.36. Human Trafficking. Under Section 2155.0061 of the Texas Government Code, Contractor certifies that the individual or business entity named in this Agreement is not ineligible to receive the specified contract and acknowledges that this Agreement may be terminated, and payment withheld if this certification is inaccurate.

2.37. Lobbying Prohibition. Contractor represents and warrants that LIT’s payments to Contractor and Contractor’s receipt of appropriated or other funds under the contract are not prohibited by Sections 556.005 or 556.0055 of the Texas Government Code.

2.38. Undocumented Workers/Immigration. The Immigration and Nationality Act (8 USC §1324a) (Immigration Act) makes it unlawful for an employer to hire or continue employment of undocumented workers. The United States Immigration and Customs Enforcement Service has established the Form I-9 Employment Eligibility Verification Form (I-9 Form) as the document to be used for employment eligibility verification (8 CFR §274a). Among other things, Contractor is required to: (1) have all employees complete and sign the I-9 Form certifying that they are eligible for employment; (2) examine verification documents required by the I-9 Form to be presented by the employee and ensure the documents appear to be genuine and related to the individual; (3) record information about the documents on the I-9 Form, and complete the certification portion of the I-9 Form; and (4) retain the I-9 Form as required by Applicable Laws. It is illegal to discriminate against any individual (other than a citizen of another country who is not authorized to work in the United States) in hiring, discharging, or recruiting because of that individual's national origin or citizenship status. If Contractor employs unauthorized workers during performance of this Agreement in violation of the Immigration Act then, in addition to other remedies or penalties prescribed by Applicable Laws, LIT may terminate this Agreement in accordance with Section 17 Contractor represents and warrants that it is in compliance with and agrees that it will remain in compliance with the provisions of the Immigration Act.

2.39. Default and Termination

(1) Termination for Default. In the event of a material failure by a party to this Agreement to perform in accordance with its terms (default), the other party may terminate this Agreement upon thirty (30) days’ written notice of termination setting forth the nature of the material failure; provided, that, the material failure is through no fault of the terminating party. The termination will not be effective if the material failure is fully cured prior to the end of the thirty-day (30-day) period.

(2) Termination for Convenience. Upon thirty (30) days’ written notice to the Contractor, LIT may terminate this Agreement, in whole or in part, whenever LIT determines such termination is in the best interest of LIT.

(3) LIT may terminate this Agreement immediately with no further notice if Contractor: (a) petitions for reorganization under the Bankruptcy Code or is adjudged bankrupt; (b) becomes insolvent; or (c) makes a general assignment or sale of Contractor’s assets or business for the benefit of creditors.

(4) Contractor agrees to vacate the Premises on termination of this Agreement.

(5) If Lessee does not vacate the Premises following termination of this Agreement, Lessee will become a Lessee at will and must vacate the Premises on receipt of notice from Lessor. No holding over by Lessee, whether with or without the consent of Lessor, will extend the Term.

2.40. Force Majeure. Except as otherwise provided, neither Contractor nor LIT, shall be liable to the other for any delay in, or failure of performance, of a requirement contained in this agreement caused by Force Majeure, incidents of force majeure will include but are not limited to the following: acts of God, strikes, epidemics and pandemics, war, riots, flood, fire, sabotage, or any other circumstances of like character. 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, provided the non-performing party exercises all reasonable due diligence to perform.

2.41. Waivers. No delay or omission in exercising any right accruing upon a default in performance of this Agreement will impair any right or be construed to be a waiver of any right. A waiver of any default under this Agreement will not be construed to be a waiver of any subsequent default under this Agreement.

2.42. Trademark License and Ownership. Nothing in this Agreement permits Contractor to use LIT’s logo, trademark, service mark, or LIT name or likeness and Contractor understands and agrees that such use is strictly prohibited. Additionally, the Contractor is prohibited from referencing LIT in any form of marketing or media, including websites, social media and print media. LIT may immediately terminate this Agreement in the event of a breach of this provision by the Contractor. This provision shall remain in effect after the termination or expiration of this Agreement.

2.43. Entire Agreement; Modifications. The Agreement (including all exhibits, schedules, supplements and other attachments (collectively, Exhibits) supersedes all prior agreements, written or oral, between Contractor and LIT and will constitute the entire Agreement and understanding between the parties with respect to the subject matter hereof. The Agreement and each of its provisions will be binding upon the parties and may not be waived, modified, amended or altered except in writing signed by LIT and Contractor.

2.44. Title and Risk of Loss. Title to and risk of loss to any goods to be delivered under this Agreement will not pass to LIT until LIT actually receives and takes possession of such goods at the point of delivery.

2.45. Binding Effect. This Agreement will be binding upon and inure to the benefit of the parties hereto and their respective permitted assigns and successors.

2.46. Severability. In case any provision of this Agreement will, for any reason, be held invalid or unenforceable in any respect, the invalidity or unenforceability will not affect any other provision of this Agreement, and this Agreement will be construed as if the invalid or unenforceable provision had not been included.

2.47. Limitation of Liability. EXCEPT FOR LIT’S OBLIGATION (IF ANY) TO PAY CONTRACTOR CERTAIN FEES AND EXPENSES LIT WILL HAVE NO LIABILITY TO CONTRACTOR OR TO ANYONE CLAIMING THROUGH OR UNDER CONTRACTOR BY REASON OF THE EXECUTION OR PERFORMANCE OF THIS AGREEMENT. NOTWITHSTANDING ANY DUTY OR OBLIGATION OF LIT TO CONTRACTOR OR TO ANYONE CLAIMING THROUGH OR UNDER CONTRACTOR, NO PRESENT OR FUTURE AFFILIATED ENTERPRISE, SUBCONTRACTOR, AGENT, OFFICER, DIRECTOR, EMPLOYEE, REPRESENTATIVE, ATTORNEY, OR ANYONE CLAIMING UNDER LIT HAS OR WILL HAVE ANY PERSONAL LIABILITY TO CONTRACTOR OR TO ANYONE CLAIMING THROUGH OR UNDER CONTRACTOR BY REASON OF THE EXECUTION OR PERFORMANCE OF THIS AGREEMENT.

2.48. Dispute Resolution. To the extent that Chapter 2260, Texas Government Code, is applicable to the Agreement and is not preempted by other applicable law, the dispute resolution process provided for in Chapter 2260 and the related rules adopted by the Texas Attorney General pursuant to Chapter 2260, will be used by LIT and Contractor to attempt to resolve any claim for breach of contract made by Contractor that cannot be resolved in the ordinary course of business. The chief business officer of LIT will examine Contractor's claim and any counterclaim and negotiate with Contractor in an effort to resolve such claims. The parties specifically agree that (i) neither the execution of the Agreement by LIT nor any other conduct, action or inaction of any representative of LIT relating to the Agreement constitutes or is intended to constitute a waiver of LIT’s or the state's sovereign immunity to suit; and (ii) LIT has not waived its right to seek redress in the courts.

2.49. Enforcement. Contractor agrees and acknowledges that LIT is entering into this Agreement in reliance on Contractor's special and unique knowledge and abilities with respect to performing Services. Contractor's services provide a peculiar value to LIT. LIT cannot be reasonably or adequately compensated in damages for the loss of Contractor’s services. Accordingly, Contractor acknowledges and agrees that a breach by Contractor of the provisions of this Agreement will cause LIT irreparable injury and damage. Contractor, therefore, expressly agrees that LIT will be entitled to injunctive and/or other equitable relief in any court of competent jurisdiction to prevent or otherwise restrain a breach of this Agreement.

2.50. Office of Inspector General Certification. Contractor acknowledges that LIT is prohibited by federal regulations from allowing any employee, representative, agent or subcontractor of Contractor to work on site at LIT’s premises or facilities if that individual is not eligible to work on federal healthcare programs including Medicare, Medicaid, or other similar federal programs. Therefore, Contractor will not assign any employee, representative, agent or subcontractor that appears on the List of Excluded Individuals issued by the United States Office of the Inspector General (OIG) to work on site at LIT’s premises or facilities. Contractor will perform an OIG sanctions check quarterly on each of its employees, representatives, agents, and subcontractors during the time the employees, representatives, agents, or subcontractors are assigned to work on site at LIT’s premises or facilities. Contractor acknowledges that LIT will require immediate removal of any employee, representative, agent, or subcontractor of Contractor assigned to work at LIT‘s premises or facilities if the employee, representative, agent, or subcontractor is found to be on the OIG's List of Excluded Individuals. The OIG's List of Excluded Individuals may be accessed through the following Internet website: http://exclusions.oig.hhs.gov/.

2.51. Occupational Safety and Health (OSHA) Compliance. To the extent applicable to the services to be performed under this Agreement, Contractor represents and warrants, that all articles and services furnished under this Agreement meet or exceed the safety standards established and promulgated under the Federal Occupational Safety and Health Law (Public Law 91-596) and its regulations in effect or proposed as of the date of this Agreement.

3. Lessor Obligations and Certifications.

3.1. Lessor will not provide custodial services under the Agreement.

3.2. Lessor shall have the right to enter the Premises without advance notice to perform Lessor’s routine maintenance obligations under the Agreement, and any security or life and health safety actions. Lessor shall provide Lessee forty-eight (48) hours advance notice of any non-emergency repairs, perform inspections, or other entry not directly related to Lessor’s obligations.

3.3. Abandoned Property. Lessor may retain, destroy, or dispose of any property left on the Premises at the end of the Term.

3.4. Lessor agrees to repair, replace, and maintain the: roof, foundation, parking and Common Areas, structural soundness of the interior and exterior walls, windows, store fronts, and doors, electrical, plumbing, and air conditioning/heating systems, lighting fixtures (but not light bulbs and lamps); and any other facilities and appliances supplied, or required to be supplied, by the Lessor.

3.5. Lessor agrees not to interfere with Lessee's possession of the Premises as long as Lessee is not in default.

4. Lessor and Lessee agree to the following.

4.1. Alterations. Any physical additions or improvements to the Premises made by Lessee will become the property of Lessor. Lessor may require that Lessee, at termination of this Agreement and at Lessee's expense, remove any physical additions and improvements, repair any alterations, and restore the Premises to the condition existing at the Commencement Date, normal wear excepted. The Lessor must approve in writing any alterations to the Premises proposed to be made by Lessee and at Lessee’s expense. The Lessor must also approve in writing all of Lessee’s advertising and signage at the Premises.

4.2. Casualty/Total or Partial Destruction. If the Premises are damaged by casualty and can be restored within sixty days, Lessor will, at its expense, restore the Premises to substantially the same condition that existed before the casualty. If Lessor fails to complete restoration within sixty days from the date of written notification by Lessee to Lessor of the casualty, Lessee may terminate this Agreement by written notice to Lessor. If the Premises cannot be restored within sixty days, Lessor has an option to restore the Premises. If Lessor chooses not to restore, this Agreement will terminate. If Lessor chooses to restore, Lessor will notify Lessee of the estimated time to restore and give Lessee an option to terminate this Agreement by notifying Lessor within ten days. If Lessee does not terminate this Agreement, the Agreement will continue and Lessor will restore the Premises as provided in a. above.

In accordance with Texas Education Code, Section 51.9335 (h), any Contract for the acquisition of goods and services to which an institution of higher education is a party, any provision required by applicable law to be included in the Agreement or Contract without regard to:

(1) Whether the provision appears on the face of the Agreement or Contract; or

(2) Whether the Agreement or Contract includes any provision to the contrary.

Lessee: Lessor:

NAME OF AWARDED CONTRACTOR Lamar Institute of Technology