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

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Page 6 of 16 conditions of this Agreement. Except as otherwise specifically provided herein, neither party shall assign or subcontract the whole or any part of this Agreement without the other party’s prior written consent. 3.3. Assignment of Antitrust Claims. As part of the consideration for this Agreement, the CITY assigns to the State all right, title and interest in and to any claims the CITY now has, or may acquire, under state or federal antitrust laws relating to the products or services which are the subject of this Agreement. 3.4. Audits. Each party acknowledges that it may be required to submit to an audit of funds paid, if any, through this Agreement. Any such audit shall be conducted in accordance with IC §5-11-1, et seq., and audit guidelines specified by the State. 3.5. Authority. The signatory for each party represents that he/she has been duly authorized to execute this Agreement on behalf of said party and has obtained all necessary or applicable approvals to make this Agreement fully binding said party when his/her signature is affixed and accepted by the State. 3.6. Amendments. This Agreement may only be amended, supplemented or modified by a written document executed in the same manner as this Agreement. 3.7. Compliance with Laws. A. Each party shall comply with all applicable federal, state, and local laws, rules, regulations, and ordinances, and all provisions required thereby to be included herein are hereby incorporated by reference. The enactment or modification of any applicable state or federal statute or the promulgation of rules or regulations thereunder after execution of this Agreement shall be reviewed by the State and the CITY to determine whether the provisions of this Agreement require formal modification. B. Each party and its agents shall abide by all ethical requirements that apply to persons who have a business relationship with the State as set forth in IC §4-2-6, et seq., IC §4- 2-7, et seq. and the regulations promulgated thereunder. If a party has knowledge, or would have acquired knowledge with reasonable inquiry, that a state officer, employee, or special state appointee, as those terms are defined in IC 4-2-6-1, has a financial interest in the Agreement, then such party shall ensure compliance with the disclosure requirements in IC 4-2-6-10.5 prior to the execution of this Agreement. If a party is not familiar with these ethical requirements, such party should refer any questions to the Indiana State Ethics Commission or visit the Inspector General’s website at http://www.in.gov/ig/. If either party or its agents violate any applicable ethical standards, the non-violating party may, in its sole discretion, terminate this Agreement immediately upon notice to the violating party. In addition, the violating party may be subject to penalties under IC §§4-2-6, 4-2-7, 35-44.1-1-4, and under any other applicable laws. C. [OMITTED – NOT APPLICABLE.] D. [OMITTED – NOT APPLICABLE.]