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21) Governing Law: This Agreement shall be governed by, construed and enforced <br />in accordance with the laws of the State of Indiana. <br />22) Survivability: To the extent permitted by law, all terms and provisions of this <br />Agreement shall be binding upon and inure to the benefit of and be enforceable by <br />the Commission and the Operator and each of their respective successors in <br />interest. <br />23) Not a Lease: The Commission and the Operator acknowledge that this <br />Agreement does not constitute a lease of the Garages. Operator has no <br />responsibility for property taxes or capital equipment and improvements for the <br />Garages and no possessory interest in the Garages. <br />24) Uniform Conflict of Interest Disclosure Statement: Operator agrees to execute <br />a Uniform Conflict of Interest Disclosure Statement, the form of which is attached <br />hereto and incorporated herein as Appendix B. <br />25) Additional Requirements: The Operator hereby represents and certifies that it <br />may enter into this agreement under Indiana Code § 35 -44-1 and, to the extent <br />applicable, has executed and filed with the City a "NON- COLLUSION, NON - <br />DEBARMENT AFFIDAVIT, EMPLOYMENT ELIGIBILITY <br />VERIFICATION AND NON - DISCRIMINATION COMMITMENT ", the <br />form of which is attached hereto and incorporated herein as Appendix C prior to <br />the Commission's approval of this Agreement. <br />26) E- Verify: <br />a) The Operator will not knowingly employ or contract with an unauthorized <br />alien, nor retain any employee or contract with a person that the Operator <br />subsequently learns is an unauthorized alien. The Operator agrees that he /she /it <br />shall enroll in and verify the work eligibility status of all the Operator's newly <br />hired employees through the E -Verify Program as defined by I.C. 22- 5- 1.7 -3. <br />b) The Operator shall require his/her /its subcontractors performing work under <br />this contract to certify that the subcontractors do not knowingly employ or <br />contract with an unauthorized alien, nor retain any employee or contract with a <br />person that the subcontractor subsequently learns is an unauthorized alien, and <br />that the subcontractor has enrolled in and is participating in the E -Verify Program. <br />(Signature Page(s) Follow) <br />Con <br />