MOU - Additional Paving of US31 Proj No. 123-066

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5 CITY or its agents violate any applicable ethical standards, the State may, in its sole discretion, terminate this Agreement immediately upon notice to the CITY. In addition, the CITY 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.] E. [Omitted – Not Applicable.] F. The CITY warrants that the CITY and its subcontractors, if any, shall obtain and maintain all required permits, licenses, registrations, and approvals, and shall comply with all health, safety, and environmental statutes, rules, or regulations in the performance of work activities for the State. Failure to do so may be deemed a material breach of this Agreement and grounds for immediate termination and denial of further work with the State. G. [Omitted – Not Applicable.] H. As required by IC § 5-22-3-7: (1) The CITY and any principals of the CITY certify that: (A) the CITY, except for de minimis and nonsystematic violations, has not violated the terms of: (i) IC §24-4.7 [Telephone Solicitation of Consumers]; (ii) IC §24-5-12 [Telephone Solicitations]; or (iii)IC §24-5-14 [Regulation of Automatic Dialing Machines]; in the previous three hundred sixty-five (365) days, even if IC § 24-4.7 is preempted by federal law; and (B) the CITY will not violate the terms of IC § 24-4.7 for the duration of the Agreement, even if IC §24-4.7 is preempted by federal law. (2) The CITY and any principals of the CITY certify that an affiliate or principal of the CITY and any agent acting on behalf of the CITY or on behalf of an affiliate or principal of the CITY, except for de minimis and nonsystematic violations, (A) has not violated the terms of IC § 24-4.7 in the previous three hundred sixty- five (365) days, even if IC §24-4.7 is preempted by federal law; and (B) will not violate the terms of IC § 24-4.7 for the duration of the Agreement, even if IC §24-4.7 is preempted by federal law. 4.9. Condition of Payment. [Omitted – Not Applicable.] 4.10. Confidentiality of State Information. [Omitted – Not Applicable.]