PSA - Development and Execution Emergency Small Business Loan Program - Bankable Contract Kyle Fawcett

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and rights to perform the activities described herein; (ii) it is in compliance with all applicable local, city, state, federal and international laws, rules and regulations, and it shall remain in compliance during the Project; and (c) the personnel shall have the necessary experience, qualifications, knowledge, competency and skill set necessary to perform the activities under this Agreement. d. E-Verify. The CDFI affirms under the penalties of perjury that it does not knowingly employ or contract with an unauthorized alien. The CDFI shall enroll in and verify the work eligibility status of all its newly hired employees, if any, through the E-Verify program as defined in IC 22-5-1.7-3. The CDFI shall not knowingly employ or contract with an unauthorized alien and shall not retain an employee or contract with a person that the CDFI subsequently learns is an unauthorized alien. The City may terminate for default if the CDFI fails to cure a breach of this provision no later than thirty (30) days after being notified by the City. e. Non-Discrimination. The City is committed to ensuring equality of opportunity and does not exclude, deny the benefit of, or otherwise subject any person to discrimination in any City program, service or activity on the basis of race, color, national origin, sex, age or disability. The CDFI agrees to comply with and to act consistently with this policy in the performance of the in relation to the Project. f. Drug-Free Workplace. The CDFI hereby agrees to make a good faith effort to provide and maintain a drug-free workplace. The CDFI will give written notice to the City within ten (10) days after receiving actual notice that an employee of the CDFI has been convicted of a criminal drug violation occurring in the workplace. g. Non-Collusion and Acceptance. The CDFI certifies that it has not, directly or indirectly, to the best of its knowledge, entered into or offered to enter into any combination, collusion or agreement to receive or pay, and that it has not received or paid, any sum of money or other consideration for the execution of this Agreement other than that which appears upon the face of this Agreement. 6. CONFIDENTIALITY. Each party recognizes that it will have access to information of a proprietary or confidential nature owned by the other party or a third party. The parties acknowledge that the information they share with each other is proprietary, private and confidential. As such, each party agrees to keep such information in strictest confidence and protect it from disclosure; provided that the parties may disclose such information as required by law. Each party hereby waives any and all right, title and interest in and to such proprietary information of the other and agrees to return all physical copies, and destroy all electronic copies, of such proprietary information, except as otherwise agreed, at their expense, upon the expiration or termination of this Agreement. 7. INDEMNIFICATION OF CITY. The CDFI hereby agrees to indemnify, defend, and hold harmless the City and its officials, employees, and agents, from any and all claims of any nature which arise from the performance by the CDFI of the Project under this Agreement and from all costs and attorney fees in connection therewith, except for claims arising out of the negligence or intentional acts or omissions of the City or its officials, directors, employees, or agents. The obligations of the CDFI under this section shall survive the termination of this Agreement.