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10. Compliance with Laws.
<br />A. The Contractor shall comply with all applicable federal, state, and local laws, rules, regulations, and
<br />ordinances, standards and guidelines including the requirements set forth in the National
<br />Foreclosure Mitigation Counseling ("NFMC") Program FINAL Funding Announcement issued on
<br />December 1, 2010, as amended, and the National Industry Standards for Homeownership
<br />Counseling Foreclosure Prevention Intervention Specialty issued January, 2008, as amended, and
<br />all provisions required thereby to be included herein are hereby incorporated by reference. The
<br />enactment or modification of any applicable state or federal statute or the promulgation of
<br />rules or regulations thereunder after execution of this Contract shall be reviewed by IHCDA and
<br />the Contractor to determine whether the provisions of this Contract require formal modification.
<br />B. The Contractor and its agents shall abide by all ethical requirements that apply to persons who have
<br />a business relationship with IHCDA as set forth in IC § 4-2-6 et seq., IC § 4-2-7, et. seq., the
<br />regulations promulgated thereunder. It the Contractor has knowledge, or would have acquired
<br />knowledge with reasonable inquiry, that a state officer, employee, or special state appointee,
<br />as those terms are defined in IC 4-2-6-1, has a financial interest in the Contract, the
<br />Contractor shall ensure compliance with the disclosure requirements in IC 4-2-6-10.5 prior
<br />to the execution of this- Contract. If the Contractor is not familiar with these ethical
<br />requirements, the Contractor should refer any questions to the Indiana State Ethics Commission,
<br />or visit the Inspector General's website at http://www.in.gov/ig/. H the Contractor or its
<br />agents violate any applicable ethical standards, IHCDA may, in its sole discretion, terminate this
<br />Contract immediately upon notice to the Contractor. In addition, the Contractor may be subject to
<br />penalties under IC §§ 4-2-6, 4-2 -7, 35-44.1-1-4, and under any other applicable laws.
<br />C. The Contractor certifies by entering into this Contract that neither it nor its principal(s) is presently
<br />in arrears in payment of taxes, permit fees or other statutory, regulatory or judicially required
<br />payments to the State of Indiana. The Contractor agrees that any payments currently due to the
<br />State of Indiana may be withheld from payments due to the Contractor. Additionally, further
<br />work or payments may be withheld, delayed, or denied and/or this Contract suspended until the
<br />Contractor is current in its payments and has submitted proof of such payment to the State.
<br />D. The Contractor warrants that .it has no current, pending or outstanding criminal, civil, or
<br />enforcement actions initiated by the State, and agrees that it will immediately notify IHCDA of any
<br />such actions. During the term of such actions, the Contractor agrees that IHCDA may delay,
<br />withhold, or deny work under any supplement, amendment, change order or other contractual
<br />device issued pursuant to this Contract.
<br />E. If a valid dispute exists as to the Contractor's liability or guilt in any action initiated by the State or
<br />its 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
<br />on the parties. Any payments that the State may delay, withhold, deny, or apply under this section
<br />shall not be subject to penalty or interest, except as permitted by IC §5-17-5
<br />F. 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 />100028595-1)
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