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D. Notifying IHCDA, in writing, within ten (10) days after receiving notice from an employee under <br />subdivision (C)(2) above, or otherwise receiving actual notice of such conviction; <br />E. Within thirty (30) days after receiving notice under subdivision (C)(2) above of a <br />conviction, imposing the following sanctions or remedial measures on any employee who is <br />convicted of drug abuse violations occurring in the workplace: (1) taking appropriate personnel <br />action against the employee, up to and including termination; or (2) requiring such employee to <br />satisfactorily participate in a drug abuse assistance or rehabilitation program approved for such <br />purposes by a federal, state, or local health, law enforcement, or other appropriate agency; and <br />F. Making a good faith effort to maintain a drug -free workplace through the implementation of <br />subparagraphs (A) through (E) above. <br />18. Employment Efigibiliy Verification. <br />As required by IC §22-5-1.7, the Contractor swears or affirms under the penalties of perjury that the <br />Contractor does not knowingly employ an unauthorized alien. The Contractor further agrees that: <br />A. The Contractor shall enroll in and verify the work eligibility status of all his/her/its newly hired <br />employees through the E-Verify program as defined in IC §22-5-1.7-3. The Contractor is not <br />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 />B. The Contractor shall not knowingly employ or contract with an unauthorized alien. The <br />Contractor shall not retain an employee or contract with a person that the Contractor <br />subsequently learns is an unauthorized alien. <br />C. 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 tluoughout 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 />19. Employment Option. Intentionally omitted. <br />20. Force Majeure. <br />In the event that either party is unable to perform any of its obligations under this Contract or to <br />enjoy any of its benefits because of natural disaster or decrees of governmental bodies not the fault <br />of the affected party (hereinafter referred to as a "Force Majeure Event"), the party who has been so <br />affected shall immediately, or as is soon as reasonably possible under the circumstances, give notice <br />to the other party and shall do everything possible to resume performance. Upon receipt of such <br />notice, all obligations under this Contract shall be immediately suspended. If the period of <br />nonperformance exceeds thirty (30) days from the receipt of notice of the Force Majeure Event, the <br />party whose ability to perform has not been so affected may, by giving written notice, terminate this <br />Contract. <br />(00029857-1) <br />Page 8 of 29 <br />