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13. Continuity of Services. Intentionally omitted. <br />14. Debarment and SHIRension. <br />A. The Contractor certifies by entering into this Contract that neither it nor its principals nor any of its <br />subcontractors are presently debarred, suspended, proposed for debarment, declared ineligible or <br />voluntarily excluded from entering into this Contract by any federal agency or by any department, <br />agency or political subdivision of the State of Indiana. The term "principal" for purposes of this <br />Contract means an officer, director, owner, partner, key employee or other person with primary <br />management or supervisory responsibilities, or a person who has a critical influence on or <br />substantive control over the operations of the Contractor. <br />B. The Contractor certifies that it has verified the state and federal suspension and debarment status <br />for all subcontractors receiving funds under this Contract and shall be solely responsible for any <br />recoupment, penalties or costs that might arise from use of a suspended or debarred subcontractor. <br />The Contractor shall immediately notify IHCDA if any subcontractor becomes debarred or <br />suspended, and shall, at IHCDA's request, take all steps required by IHCDA to terminate its <br />contractual relationship with the subcontractor for work to be performed under this Contract. <br />15. DefauIt by IHCDA. <br />If IHCDA, sixty (60) days after receipt of written notice, fails to correct or cure any material breach <br />of this Contract, the Contractor may cancel and terminate this Contract and institute the appropriate <br />measures to collect monies due up to and including the date of termination. <br />16. Disprxtes. <br />A. Should any disputes arise with respect to this Contract, the Contractor and IHCDA agree to act <br />immediately to resolve such disputes. Time is of the essence in the resolution of disputes. <br />B. The Contractor agrees that, the existence of a dispute notwithstanding, it will continue without <br />delay to carry out all of its responsibilities under this Contract that are not affected by the dispute. <br />Should the Contractor fail to continue to perform its responsibilities regarding all non -disputed <br />work, without delay, any additional costs incurred by IHCDA or the Contractor as a result of such <br />failure to proceed shall be borne by the Contractor, and the Contractor shall make no claim against <br />IHCDA for such costs. <br />C. If the parties are unable to resolve a contract dispute between them after good faith attempts to do <br />so, a dissatisfied party shall submit the dispute to the Commissioner of the Indiana Department of <br />Administration for resolution. The dissatisfied party shall give written notice to the Commissioner <br />and the other party. The notice shall include (1) a description of the disputed issues, (2) the efforts <br />made to resolve the dispute, and (3) a proposed resolution. The Commissioner shall promptly issue <br />a Notice setting out documents and materials to be submitted to the Commissioner in order to <br />resolve the dispute; the Notice may also afford the parties the opportunity to make presentations <br />and enter into further negotiations. Within 10 business days of the conclusion of the final <br />presentations, the Commissioner shall issue a written decision and furnish it to both parties. The <br />Commissioner's decision shall be the final and conclusive administrative decision unless either <br />party serves on the Commissioner and the other party, within ten business days after receipt of the <br />Commissioner's decision, a written request for reconsideration and modification of the written <br />decision. If the Commissioner does not modify the written decision within 30 business days, either <br />{00029857-1} <br />Page 6 of 29 <br />