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A. The Contractor shall comply with all applicable federal, state and local laws, rules, regulations
<br />and ordinances, and the National Industry Standards for Homeownership Counseling Foreclosure
<br />Prevention Intervention Specialty issued January, 2008, as amended, and all provisions required
<br />thereby to be included herein are hereby incorporated by reference. The enactment or modification of
<br />any applicable state or federal statute or the promulgation of rules or regulations thereunder after
<br />execution of this Contract shall be reviewed by IHCDA and the Contractor to determine whether the
<br />provisions of this Contract require formal modification.
<br />B. The Contractor and its agents shall abide by all ethical requirements that apply to persons who
<br />have a business relationship with the State as set forth in I.C. § 4-2-6 et seq., I.C. § 4-2-7, et. seq., the
<br />regulations promulgated thereunder, and Executive Order 04-08, dated April 27, 2004. If the
<br />Contractor has knowledge, or would have acquired knowledge with reasonable inquiry, that a
<br />state officer, employee, or special state appointee, as those terms are defined in IC 4-2-6-1, has
<br />a financial interest in the Contract, the Contractor shall ensure compliance with the disclosure
<br />requirements in IC 4-2-6-10.5 prior to the execution of this contract. If the Contractor is not
<br />familiar with these ethical requirements, the Contractor should refer any questions to the Indiana State
<br />Ethics Commission, or visit the Inspector General's website at http://www.in.gov/ig/. If the
<br />Contractor or its agents violate any applicable ethical standards, IHCDA may, in its sole discretion,
<br />terminate this Contract immediately upon notice to the Contractor. In addition, the Contactor may
<br />be subject to penalties under IC §§4-2-6, 4-2-7, 35-44.1-1-4, and under any other applicable laws.
<br />C. The Contractor certifies by entering into this Contract that neither it nor its principal(s) is
<br />presently in arrears in payment of taxes, permit fees or other statutory, regulatory or judicially
<br />required payments to the State. The Contractor agrees that any payments currently due to the State of
<br />Indiana may be withheld from payments due to the Contactor. Additionally, further work or
<br />payments may be withheld, delayed, or denied and/or this Contract suspended until the Contractor is
<br />current in its payments and has submitted proof of such payment to IHCDA.
<br />D. The Contractor warrants that it has no current, pending or outstanding criminal, civil, or
<br />enforcement actions initiated by the State, and agrees that it will immediately notify IHCDA of any
<br />such actions. During the term of such actions, the Contractor agrees that IHCDA may delay, withhold,
<br />or deny work under any supplement, amendment, change order or other contractual device issued
<br />pursuant to this Contract.
<br />E. If a valid dispute exists as to the Contractor's liability or guilt in any action initiated by the
<br />State or its agencies, and IHCDA decides to delay, withhold, or deny work to the Contractor, the
<br />Contractor may request that it be allowed to continue, or receive work, without delay. The Contractor
<br />must submit, in writing, a request for review to the Indiana Department of Administration (IDOA)
<br />following the procedures for disputes outlined herein. A determination by IDOA shall be binding on
<br />the parties. Any payments that the IHCDA may delay, withhold, deny, or apply under this section
<br />shall not be subject to penalty or interest, except as permitted by IC §5-17-5.
<br />F. The Contractor warrants that the Contractor, its employees, agents, and subcontractors, if any,
<br />shall obtain and maintain all required certifications, permits, licenses, registrations and approvals, and
<br />shall comply with all health, safety, and environmental statutes, rules, or regulations in the
<br />performance of work activities for IHCDA. Failure to do so may be deemed a material breach of this
<br />Contract and grounds for immediate termination and denial of further work with IHCDA.
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