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<br />Page 16 of 42 <br />such purposes by a federal, state or local health, law enforcement, or other appropriate <br />agency; and <br />F. Making a good faith effort to maintain a drug-free workplace through the implementation <br />of subparagraphs (A) through (E) above. <br />3.16 EMPLOYMENT ELIGIBILITY VERIFICATION. As required by IC §22-5-1.7, the CITY <br />swears or affirms under the penalties of perjury that the CITY does not knowingly employ an <br />unauthorized alien. The CITY further agrees that: <br />A. The CITY shall enroll in and verify the work eligibility status of all its newly hired <br />employees through the E-Verify program as defined in IC §22-5-1.7-3. The CITY is not <br />required to participate should the E-Verify program cease to exist. Additionally, the CITY <br />is not required to participate if the CITY does not employ any employees. <br />B. The CITY shall not knowingly employ or contract with an unauthorized alien. The CITY <br />shall not retain an employee or contract with a person that the CITY subsequently learns is <br />an unauthorized alien. <br />C. The CITY shall require its contractors and subcontractors, who perform work under this <br />Agreement, to certify to the CITY that the contractor or subcontractor does not knowingly <br />employ or contract with an unauthorized alien and that the contractor or subcontractor has <br />enrolled and is participating in the E-Verify program. The CITY agrees to maintain this <br />certification throughout the duration of the term of a contract with a contractor or <br />subcontractor. <br />The State may terminate for default if the CITY fails to cure a breach of this provision no later <br />than thirty 30 days after being notified by the State. <br />3.17 EMPLOYMENT OPTION. [OMITTED – NOT APPLICABLE] <br />3.18 FORCE MAJEURE. In the event that either Party is unable to perform any of its obligations <br />under this Agreement or to enjoy any of its benefits because of natural disaster or decrees of <br />governmental bodies not the fault of the affected Party (hereinafter referred to as a “Force Majeure <br />Event”), the Party who has been so affected shall immediately or as soon as is reasonably possible <br />under the circumstances give notice to the other Party and shall do everything possible to resume <br />performance. Upon receipt of such notice, all obligations under this Agreement shall be immediately <br />suspended. If the period of nonperformance exceeds thirty 30 days from the receipt of notice of the <br />Force Majeure Event, the Party whose ability to perform has not been so affected may, by giving <br />written notice, terminate this Agreement.