Amendment No 1 to Interlocal Cooperative Agreement - Cleveland Rd. Brick Rd. - INDOT LaPorte

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to the City, if any. Additionally, further work or payments, if any, may be withheld, delayed, or denied and/or this Agreement suspended until the City is current in its payments and has submitted proof of such payment to the State. D. The City warrants that it has no current, pending or outstanding criminal, civil, or enforcement actions initiated by the State, and agrees that it will immediately notify the State of any such actions. During the term of such actions, the City agrees that the State may delay, withhold, or deny work under any supplement, amendment, change order or other contractual device issued pursuant to this Agreement. E. [OMITTED — NOT APPLICABLE] F. The City warrants that the City and its contractors, if any, shall obtain and maintain all required permits, licenses, registrations, and approvals, and shall comply with all health, safety, and environmental statutes, rules, or regulations in the performance of work activities for the State. Failure to do so may be deemed a material breach of this Agreement and grounds for immediate termination and denial of further work with the State. G. The City affirms that, if it is an entity described in IC Title 23, it is properly registered and owes no outstanding reports to the Indiana Secretary of State. H. As required by IC §5-22-3-7; (1) The City and any principals of the City certify that: (A) the City, except for de minimis and nonsystematic violations, has not violated the terms of- (i) IC §24-4.7 [Telephone Solicitation of Consumers]; (ii) IC §24-5-12 [Telephone Solicitations]; or (iii) IC §24-5-14 [Regulation of Automatic Dialing Machines]; in the previous three hundred sixty-five (365) days, even if IC §24-4.7 is preempted by federal law; and (B) the City will not violate the terms of IC §24-4.7 for the duration of the Agreement, even if IC §24-4.7 is preempted by federal law. (2) The City and any principals of the City certify that an affiliate or principal of the City and any agent acting on behalf of the City or on behalf of an affiliate or principal of the City, except for de minimis and nonsystematic violations, (A) has not violated the terms of IC §24-4.7 in the previous three hundred sixty- five (365) days, even if IC §24-4.7 is preempted by federal law; and (B) will not violate the terms of IC §24-4.7 for the duration of the Agreement, even if IC §24-4.7 is preempted by federal law. 2.9 Condition of Payment. All services provided by the City under this Agreement must be performed to the State's reasonable satisfaction, as determined at the discretion of the undersigned State representative and in accordance with all applicable federal, state, local laws, ordinances, rules and regulations. The State shall not be required to pay for work found to be unsatisfactory, inconsistent with this Agreement or performed in violation of -5-