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workplace; (3) any available drug, counseling, rehabilitation, and employee assistance <br />programs; and (4) the penalties which may be imposed upon an employee for drug abuse <br />violations occurring in the workplace, <br />3. Notifying all employees in the Statement required by subparagraph (1) above as a <br />condition of continued employment the employee shall (1) abide by the terms of the <br />Statement; and (2) notify the LPA of any criminal drug statute conviction for a violation <br />occurring in the workplace no later than five (5) days after such conviction; <br />4. Notifying in writing the State within ten (10) days after receiving notice from an <br />employee under subdivision (3)(2) above, or otherwise receiving actual notice of such <br />conviction; <br />6. Making a good faith effort to maintain a drug-free workplace through the <br />implementation of subparagraphs (1) through (5) above. <br />J. Governing Laws. This Contract shall be construed in accordance with and governed by <br />the laws <br />• the State • Indiana and suit, if any, must be brought in the State of Indiana. <br />K. Indemnification. The LPA agrees to indemnify, defend, exculpate, and hold harmless <br />the State of Indiana, INDOT, and their officials and employees from any claims and suits <br />including court costs, attorneys Fees, and other expenses caused-by any act or omission of <br />the LPA and/or its subcontractors in the performance of this Contract or any liability due <br />to loss, damage, injuries, or other casualties of whatever kind, or by whomsoever caused, <br />Page 7 of 11 <br />