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10, 2005, and 25 Indiana Administrative Code 6, effective January 1, 2006. If the SEP Recipient
<br />or the Consultant, or any of their agents, is not familiar with these ethical requirements, they
<br />should refer any questions to the State Ethics Co fission, or visit the State Ethics Commission
<br />website at , ' Jn gov/et➢trt ��" ,', If the SEP Recipient, its Consultant or their agents
<br />violate any applicable ethical standards, the Authority may, in its sole discretion, terminate this
<br />Agreement immediately upon notice to the SEP Recipient. In addition, the SEP Recipient may
<br />be subject to penalties under Indiana Code 4-2-6-12, 4-2-7, 35-44-1-3 and under any other
<br />applicable laws.
<br />(2) The SEP Recipient certifies by entering into this Agreement, that neither it, its Consultant nor
<br />their principal(s) are presently in arrears in payment of its taxes, permit fees or other statutory,
<br />regulatory or judicially required payments to the Authority or the State. The SEP Recipient
<br />agrees that any payments currently due to the Authority or the State may be withheld from
<br />payments due to the SEP Recipient. Additionally, further work or payments may be withheld,
<br />delayed, or denied and/or this Agreement suspended until the SEP Recipient is current in its
<br />payments and has submitted proof of such payment to the Authority or the State.
<br />(3) The SEP Recipient warrants that it has no pending or outstanding criminal, civil, or enforcement
<br />actions initiated by the Authority or the State, and agrees that it will immediately notify the
<br />Authority of any such actions. During the term of such actions, SEP Recipient agrees that the
<br />Authority may delay, withhold, or deny work under this Agreement and any supplements or
<br />amendments, change order or other contractual devise issued pursuant to this Agreement.
<br />(4) The SEP Recipient warrants that the SEP Recipient, the SEP Recipient's Consultant and their
<br />subcontractors, if any, shall obtain and maintain all required permits, licenses, and approvals, as
<br />well as comply with all health, safety, and environmental statutes, rules, or regulations in the
<br />performance of Project Activities under this Agreement. Failure to do so may be deemed a
<br />material breach of this Agreement and grounds for immediate termination and denial of further
<br />rights to contract with the Authority.
<br />(5) The SEP Recipient affu-ms that it, its Consultant and their agents are properly registered and owe
<br />no outstanding reports with the Indiana Secretary of State.
<br />(6) The SEP Recipient agrees that the Authority may confirm, at any time, that no liabilities of the
<br />SEP Recipient or its Consultant exist to the State, and, if such liabilities are discovered, the
<br />Authority may bar the SEP Recipient from contracting with the Authority in the future, cancel
<br />existing contracts, withhold payments to setoff such obligations, and withhold further payments
<br />or purchases until the SEP Recipient is current in its payments on its liability to the Authority
<br />and has submitted proof of such payment to the Authority.
<br />(7) As required by Indiana Code 5-22-3-7:
<br />(a) The SEP Recipient certifies that (A) the SEP Recipient and its Consultant, except for de
<br />minimis and nonsystematic violations, has not violated the terms of (i) Indiana Code 24-4.7
<br />[Telephone Solicitation Of Consumers], (ii) Indiana Code 24-5-12 [Telephone Solicitations] , or
<br />(iii) Indiana Code 24-5-14 [Regulation of Automatic Dialing Machines] in the previous 365
<br />days, even if Indiana Code 24-4.7 is preempted by federal law; and (B) the SEP Recipient and
<br />its Consultant will not violate the terms of Indiana Code 24-4.7 for the duration of this
<br />Agreement, even if Indiana Code 24-4.7 is preempted by federal law.
<br />(b) The SEP Recipient certifies that: (A) except for de minimis and nonsystematic violations,
<br />the SEP Recipient and its Consultant have not violated the terms of Indiana Code 24-4.7 in the
<br />previous 365 days, even if Indiana Code 24-4.7 is preempted by federal law; and (B) will not
<br />violate the terms of Indiana Code 24-4.7 for the duration of this Agreement, even if Indiana
<br />Code 24-4.7 is preempted by federal law.
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