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21. Fundine Cancellation. When the Executive Director of IHCDA or the State Budget Agency makes a written determination that funds are not appropriated or otherwise available to support continuation of performance of this Contract, this Contract shall be canceled. A determination by the Executive Director of IHCDA or the Director of the State Budget Agency that funds are not appropriated or otherwise available to support continuation of performance shall be final and conclusive. The Contractor acknowledges that the Maximum Appropriation for services to be provided by Eligible Contractors is One Million, Five Hundred Thousand Dollars ($1,500,000.00). When the aggregate amount of fees paid for services by Eligible Contractors reaches this Maximum Appropriation, a default determination that funds are not available to support continuation of performance of this Contract will be made by the Executive Director of IHCDA, and this Contract shall be cancelled. 22. Governing Laws. This Contract shall be governed, construed, and enforced in accordance with the laws of the State of Indiana, without regard to its conflict of laws rules. Suit, if any, must be brought in courts located in Marion County, Indiana. 23. HIPAA Compliance. If this Contract involves services, activities or products subject to the Health Insurance Portability and Accountability Act of 1996 (HIPAA), the Contractor covenants that it will appropriately safeguard Protected Health Information (defined in 45 CFR 160.103), and agrees that it is subject to, and shalt comply with, the provisions of 4S CFR 164 Subpart E regarding use and disclosure of Protected Health Information. 24. Indemnification. The Contractor agrees to indemnify, defend, and hold harmless IHCDA, its agents, officials, and employees from all claims and suits including court costs, attorney's fees, and other expenses any act or omission of the Contractor and/or its subcontractors, if any, in the performance of this Contract. IHCDA shall not provide such indemnification to the Contractor. 25. Independent Contractor' Workers' Compensation Insurance. The Contractor is performing as an independent entity under this Contract. No part of this Contract shall be construed to represent the creation of an employment, agency, partnership, or joint venture agreement between the parties. Except as provided in Section 24 above, neither party will assume liability for any injury (including death) to any persons, or damage to any property, arising out of the acts or omissions of the agents, employees, or subcontractors of the other party. The Contractor shall provide all necessary unemployment and workers' compensation insurance for the Contractor's employees and shall provide IHCDA with a Certificate of Insurance evidencing such coverage prior to starting work under this -Contract, upon request. {00029857-1 } Page 9 of 29