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2010, as amended, and the National Industry Standards for Homeownership Counseling Foreclosure
<br />Prevention Intervention Specialty issued January, 2008, as amended, and all provisions required
<br />thereby to be included herein are hereby incorporated by reference. The enactment or
<br />modification of any applicable state or federal statute or the promulgation of rules or
<br />regulations thereunder after execution of this Contract shall be reviewed by IHCDA and the
<br />Contractor to determine whether the provisions of this Contract require formal modification.
<br />The Contractor and its agents shall abide by all ethical requirements that apply to persons who have a
<br />business relationship with IHCDA as set forth in IC § 4-2-6 et seq., IC § 4-2-7, et. seq., the regulations
<br />promulgated thereunder. If the Contractor has knowledge, or would have acquired knowledge
<br />with reasonable inquiry, that a state officer, employee, or special state appointee, as those terms
<br />are defined in IC 4-2-6-1, has a financial interest in the Contract, the Contractor shall ensure
<br />compliance with the disclosure requirements in IC 4-2-6-10.5 prior to the execution of this
<br />Contract. If the Contractor is not familiar with these ethical requirements, the Contractor should
<br />refer any questions to the Indiana State Ethics Commission, or visit the Inspector General's
<br />website at http://www.in.gov/ig/. If the Contractor or its agents violate any applicable ethical
<br />standards, IHCDA may, in its sole discretion, terminate this Contract immediately upon notice to
<br />the Contractor. In addition, the Contractor may be subject to penalties under IC §§ 4-2-6, 4-2-7, 35-
<br />44.1-1-4, and under any other applicable laws.
<br />The Contractor certifies by entering into this Contract that neither it nor its principal(s) is presently in
<br />arrears in payment of taxes, permit fees or other statutory, regulatory or judicially required payments
<br />to the State of Indiana. The Contractor agrees that any payments currently due to the State of Indiana
<br />may be withheld from payments due to the Contractor. Additionally, further work or payments
<br />may be withheld, delayed, or denied and/or this Contract suspended until the Contractor is current
<br />in its payments and has submitted proof of such payment to the State.
<br />The Contractor warrants that it has no current, pending or outstanding criminal, civil, or enforcement
<br />actions initiated by the State, and agrees that it will immediately notify IHCDA of any such actions.
<br />During the term of such actions, the Contractor agrees that IHCDA may delay, withhold, or deny
<br />work under any supplement, amendment, change order or other contractual device issued pursuant
<br />to this Contract.
<br />If a valid dispute exists as to the Contractor's liability or guilt in any action initiated by the State or its
<br />agencies, and IHCDA decides to delay, withhold, or deny work to the Contractor, the Contractor
<br />may request that it be allowed to continue, or receive work, without delay. The Contractor must
<br />submit, in writing, a request for review to the Indiana Department of Administration (IDOA)
<br />following the procedures for disputes outlined herein. A determination by IDOA shall be binding on
<br />the parties. Any payments that the State may delay, withhold, deny, or apply under this section shall
<br />not be subject to penalty or interest, except as permitted by IC §5-17-5
<br />The Contractor warrants that the Contractor, its employees, agents, and subcontractors, if any, shall
<br />obtain and maintain all required certifications, permits, licenses, registrations and approvals, and
<br />shall comply with all health, safety, and environmental statutes, rules, or regulations in the
<br />performance of work activities for IHCDA. Failure to do so may be deemed a material breach of
<br />this Contract and grounds for immediate termination and denial of further work with IHCDA.
<br />The Contractor affirms that, if it is an entity described in IC Title 23, it is properly registered and owes
<br />no outstanding reports to the Indiana Secretary of State.
<br />{00028595-1j
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