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required to participate should the E-Verify program cease to exist. Additionally, the Contractor is <br />not required to participate if the Contractor is self-employed and does not employ any employees. <br />The Contractor shall not knowingly employ or contract with an unauthorized alien. The Contractor <br />shall not retain an employee or contract with a person that the Contractor subsequently learns is an <br />unauthorized alien. <br />The Contractor shall require his/her/its subcontractors, who perform work under this Contract, to <br />certify to the Contractor that the subcontractor does not knowingly employ or contract with an <br />unauthorized alien and that the subcontractor has enrolled and is participating in the E-Verify <br />program. The Contractor agrees to maintain this certification throughout the duration of the term <br />of a contract with a subcontractor. <br />IHCDA may terminate for default if the Contractor fails to cure a breach of this provision no later <br />than thirty (30) days after being notified by IHCDA. <br />Employment Option. Intentionally omitted. <br />Force Maieure. <br />In the event that either party is unable to perform any of its obligations under this Contract or to enjoy <br />any of its benefits because of natural disaster or decrees of governmental bodies not the fault of the <br />affected party (hereinafter referred to as a "Force Majeure Event"), the patty who has been so affected <br />shall immediately, or as is soon as reasonably possible under the circumstances, give notice to the other <br />party and shall do everything possible to resume performance. Upon receipt of such notice, all <br />obligations under this Contract shall be immediately suspended. If the period of nonperformance <br />exceeds thirty (30) days from the receipt of notice of the Force Majeure Event, the party whose ability <br />to perform has not been so affected may, by giving written notice, terminate this Contract. <br />Funding Cancellation. <br />When the Executive Director of IHCDA or the State Budget Agency makes a written determination <br />that funds are not appropriated or otherwise available to support continuation of performance of this <br />Contract, this Contract shall be canceled. A determination by the Executive Director of IHCDA or <br />the Director of the State Budget Agency that funds are not appropriated or otherwise available to <br />support continuation of performance shall be final and conclusive. <br />Governing Laws. <br />This Contract shall be governed, construed, and enforced in accordance with the laws of the State of <br />Indiana, without regard to its conflict of laws rules. Suit, if any, must be brought in courts located in <br />Marion County, Indiana. <br />HI!:PAA Compliance. <br />If this Contract involves services, activities or products subject to the Health Insurance Portability <br />and Accountability Act of 1996 (HIPAA), the Contractor covenants that it will appropriately <br />safeguard Protected Health Information (defined in 45 CFR 160.103), and agrees that it is subject to, <br />and shall comply with, the provisions of 45 CFR 164 Subpart E regarding use and disclosure of <br />Protected Health Information. <br />(00028595-1) <br />Page 8 of 39 <br />