LPA Contract - Coal Line Trail, Phase III DES #2201235 Proj No. 123-007

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Page 14 of 16 Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance : In the event of the LPA 's noncompliance with the nondiscrimination provisions of this Contract, the Indiana Department of Transportation shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited t o: (a) withholding payments to the LPA under the Contract until the LPA complies, and/or (b) cancellation, termination or suspension of the Contract, in whole or in part. F. Incorporation of Provisions : The LPA shall include the provisions of paragraphs a through f in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The LPA shall take such action with respect to any subcontract or procurement as the Indi ana Department of Transportation or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for non -compliance, provided, however, that in the event the LPA becomes involved in, or is threatened with, litig ation with a subcontractor or supplier as a result of such direction, the LPA may request the Indiana Department of Transportation to enter into such litigation to protect the interests of the Indiana Department of Transportation, and, in addition, the LPA may request the United States of America to enter into such litigation to protect the interests of the United States of America. 6.18. Payment. All payments (if any) shall be made thirty -five (35) days in arrears in conformance with State fiscal policies and procedures and, as required by IC §4 -13-2-14.8, the direct deposit by electronic funds transfer to the financial institution designated by the LPA in writing unless a specific waiver has been obtained from the Indiana Auditor of State. No payments will be made in advance of receipt of the goods or services that are the subject of this Contract except as permitted by IC §4-13-2-20. 6.19. Penalties, Interest and Attorney's Fees . INDOT will in good faith perform its required obligations hereunder, and does not agree to pay any penalties, liquidated damages, interest, or attorney's fees, except as required by Indiana law in part, I.C. 5-17-5, I.C. 34-54-8, and I.C. 34-13-1. Notwithstanding the provisions contained in IC §5-17 -5, any liability resulting from the State's failure to make prompt payment shall be based solely on the amount of funding originating from the State and shall not be b ased on funding from federal or other sources. 6.20. Pollution Control Requirements . If this Contract is for $100,000 or more, the LPA: A. Stipulates any facility to be utilized in performance under or to benefit from this Contract is not listed on the Environmental Protection Agency (EPA) List of Violating Facilities issued pursuant to the requirements of the Clean Air Act, as amended, and the Federal Water Pollution Control Act, as amended; B. Agrees to comply with all of the requirements of the Clean Air Act (including section 114) and the Federal Water Pollution Control Act (including section 308) and all regulations and guidelines issued there under; and C. Stipulates, as a condition of federal aid pursuant to this Contract, it shall notify INDOT and the FHWA of the receipt of any advice indicating that a facility to be utilized in performance under or to benefit from this Contract is under consideration to be listed on the EPA List of Violating Facilities. 6.21. Prohibited Telecommunications and Video Surveillance Equipment and Services . DocuSign Envelope ID: AAC65708-4C44-4919-80AA-162AC09AE04F