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<br />Page 22 of 42 <br />3.33 ORDER OF PRECEDENCE; INCORPORATION BY REFERENCE. Any <br />inconsistency or ambiguity in this Agreement shall be resolved by giving precedence in the following <br />order: <br />(1) This Agreement, and <br />(2) attachments prepared by INDOT. <br />All of the foregoing are incorporated fully by reference. <br />3.34 OWNERSHIP OF DOCUMENTS AND MATERIALS. [OMITTED – NOT <br />APPLICABLE] <br />3.35 PAYMENTS. <br />A. All payments, if any, shall be made 35 days in arrears in conformance with State fiscal <br />policies and procedures and, as required by IC §4-13-2-14.8, the direct deposit by <br />electronic funds transfer to the financial institution designated by the CITY in writing <br />unless a specific waiver has been obtained from the Indiana Auditor of State. No payments <br />will be made in advance of receipt of the goods or services that are the subject of this <br />Agreement except as permitted by IC §4-13-2-20. <br />B. [OMITTED – NOT APPLICABLE] <br />3.36 PENALTIES, INTEREST AND ATTORNEY’S FEES. INDOT will in good faith perform <br />its required obligations hereunder, and does not agree to pay any penalties, liquidated damages, interest, <br />or attorney’s fees, except as required by Indiana law in part, IC §5-17-5, IC §34-54-8, IC §34-13-1, and <br />IC §34-52-2-3. <br />Notwithstanding the provisions contained in IC §5-17-5, any liability resulting from the State’s <br />failure to make prompt payment, if any, shall be based solely on the amount of funding originating <br />from the State and shall not be based on funding from federal or other sources. <br />3.37 PROGRESS REPORTS. [OMITTED – NOT APPLICABLE] <br />3.38 PROHIBITED TELECOMMUNICATIONS AND VIDEO SURVEILLANCE <br />EQUIPMENT AND SERVICES. In accordance with federal regulations (including 2 CFR 200.216 <br />and 2 CFR 200.471), the CITY is prohibited from purchasing, procuring, obtaining, using, or installing <br />any telecommunication or video surveillance equipment, services, or systems produced by: <br />(A) Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such <br />entities), OR