Interlocal Cooperative Agreement - Development of Real Property in Renewable Energy Drive Subdivision

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Page 8 of 16 Indiana. The term “principal” for purposes of this Agreement means an officer, director, owner, partner, key employee or other person with primary management or supervisory responsibilities, or a person who has a critical influence on or substantive control over the operations of the certifying party. B. [OMITTED – NOT APPLICABLE.] 3.12. Default by State. [OMITTED – NOT APPLICABLE.] 3.13. Disputes. A. Should any disputes arise with respect to this Agreement, the parties agree to act immediately to resolve such disputes. Time is of the essence in the resolution of disputes. B. The parties agree that, the existence of a dispute notwithstanding, it will continue without delay to carry out all of its responsibilities under this Agreement that are not affected by the dispute. Should the parties fail to continue to perform their respective responsibilities regarding all non-disputed work, without delay, any additional costs incurred by the State or the CITY as a result of such failure to proceed shall be borne by the party failing to fulfill its obligations hereunder, and such party shall make no claim against the other party for such costs. C. This paragraph shall not be construed to abrogate provisions of IC § 4-6-2-11 in situations where dispute resolution efforts lead to a compromise of claims in favor of the State as described in that statute. In particular, releases or settlement agreements involving releases of legal claims or potential legal claims of the State should be processed consistent with IC § 4-6-2-11, which requires approval of the Governor and Attorney General. 3.14. Drug-Free Workplace Certification. As required by Executive Order No. 90-5 dated April 12, 1990, issued by the Governor of Indiana, the parties hereby covenant and agree to make a good faith effort to provide and maintain a drug-free workplace. A party will give written notice to the other party within ten (10) days after receiving actual notice that the notifying party, or an employee of such party, in the State of Indiana, has been convicted of a criminal drug violation occurring in the workplace. False certification or violation of this certification may result in sanctions including, but not limited to, suspension of contract payments, termination of this Agreement. In addition to the provisions of the above paragraph, if the total amount set forth in this Agreement is in excess of $25,000.00, the notifying party certifies and agrees that it will provide a drug-free workplace by: A. Publishing and providing to all of its employees a statement notifying them that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the party’s workplace, and specifying the actions that will be taken against employees for violations of such prohibition; B. Establishing a drug-free awareness program to inform its employees of (1) the dangers of drug abuse in the workplace; (2) the party’s policy of maintaining a drug-free workplace; (3) any available drug counseling, rehabilitation and employee assistance