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<br />Regulations relative to nondiscrimination on the grounds of race, color, sex, sexual
<br />orientation, gender identity, national origin, religion, disability, ancestry, income
<br />status, limited English proficiency, or status as a veteran.
<br />
<br />D. Information and Reports : The LPA shall provide all information and reports
<br />required by the Regulations, or directives issued pursuant thereto, and shall permit
<br />access to its books, records, accounts, other sources of information, and its facilities
<br />as may be determined by the Indiana Department of Transportation and Federal
<br />Highway Administration to be pertinent to ascertain compliance with such
<br />Regulations, orders and instructions. Where any information required of a LPA is in
<br />the exclusive possession of another who fails or refuses to furnish this information,
<br />the LPA shall so certify to the Indiana Department of Transportation or the Federal
<br />Highway Administration as appropriate, and shall set forth what efforts it has made
<br />to obtain the information.
<br />
<br />E. Sanctions for Noncompliance : In the event of the LPA 's noncompliance with the
<br />nondiscrimination provisions of this Contract, the Indiana Department of
<br />Transportation shall impose such contract sanctions as it or the Federal Highway
<br />Administration may determine to be appropriate, including, but not limited to: (a)
<br />withholding payments to the LPA under the Contract until the LPA complies, and/or
<br />(b) cancellation, termination or suspension of the Contract, in whole or in part.
<br />
<br />F. Incorporation of Provisions : The LPA shall include the provisions of paragraphs a
<br />through f in every subcontract, including procurements of materials and leases of
<br />equipment, unless exempt by the Regulations, or directives issued pursuant thereto.
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<br />The LPA shall take such action with respect to any subcontract or procurement as the Indiana
<br />Department of Transportation or the Federal Highway Administration may direct as a means of
<br />enforcing such provisions including sanctions for non -compliance, provided, however, t hat in the
<br />event the LPA becomes involved in, or is threatened with, litigation with a subcontractor or supplier
<br />as a result of such direction, the LPA may request the Indiana Department of Transportation to enter
<br />into such litigation to protect the intere sts of the Indiana Department of Transportation, and, in
<br />addition, the LPA may request the United States of America to enter into such litigation to protect
<br />the interests of the United States of America.
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<br />6.18. Payment. All payments (if any) shall be ma de thirty -five (35) days in arrears in conformance with
<br />State fiscal 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 LPA in writing unless a
<br />specific waiver has been obtained from the Indiana Auditor of State. No payments will be made in
<br />advance of receipt of the goods or services that are the subject of this Contract except as permitted
<br />by IC §4-13-2-20.
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<br />6.19. Penalties, Interest and Attorney's Fees . INDOT will in good faith perform its required obligations
<br />hereunder, and does not agree to pay any penalties, liquidated damages, interest, or attorney's fees,
<br />except as required by Indiana law in part, I.C. 5-17-5, I.C. 34-54-8, and I.C. 34-13-1.
<br />
<br /> Notwithstanding the provisions contained in IC §5-17 -5, any liability resulting from the State's failure
<br />to make prompt payment shall be based solely on the amount of funding originating from the State and
<br />shall not be based on funding from federal or othe r sources.
<br />
<br />6.20. Pollution Control Requirements . If this Contract is for $100,000 or more, the LPA:
<br />
<br />A. Stipulates any facility to be utilized in performance under or to benefit from this Contract is
<br />not listed on the Environmental Protection Agency (EPA) List of Violating Facilities issued
<br />pursuant to the requirements of the Clean Air Act, as amended, and the Federal Water
<br />Pollution Control Act, as amended;
<br />DocuSign Envelope ID: 97E20084-65D4-4BAA-95DC-EB1FEEEBDCB9
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