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9 <br />required to participate should the E-Verify program cease to exist. Additionally, the <br />City is not required to participate if the City is self-employed and does not employ any <br />employees. <br /> <br />B. The City shall not knowingly employ or contract with an unauthorized alien. The City <br />shall not retain an employee or contract with a person that the City subsequently learns <br />is an unauthorized alien. <br /> <br />C. The City shall require its contractors, who perform work under this Agreement, to <br />certify to the City that the contractor does not knowingly employ or contract with an <br />unauthorized alien and that the contractor has enrolled and is participating in the E- <br />Verify program. The City agrees to maintain this certification throughout the duration <br />of the term of a contract with a contractor. <br /> <br />The State may terminate for default if the City fails to cure a breach of this provision no <br />later than thirty (30) days after being notified by the State. <br /> <br />2.17. Employment Option. [OMITTED – NOT APPLICABLE] <br /> <br />2.18. Force Majeure. In the event that either Party is unable to perform any of its obligations <br />under this Agreement or to enjoy any of its benefits because of natural disaster or <br />decrees of governmental bodies not the fault of the affected Party (hereinafter referred <br />to as a “ Force Majeure Event”), the Party who has been so affected shall immediately or <br />as soon as is reasonably possible under the circumstances give notice to the other Party <br />and shall do everything possible to resume performance. Upon receipt of such notice, all <br />obligations under this Agreement shall be immediately suspended. If the period of <br />nonperformance exceeds thirty (30) days from the receipt of notice of the Force Majeure <br />Event, the Party whose ability to perform has not been so affected may, by giving written <br />notice, terminate this Agreement. <br /> <br />2.19. Funding Cancellation. As required by Financial Management Circular 3.3 and IC §5- <br />22-17-5, when the Director of the State Budget Agency makes a written determination <br />that funds are not appropriated or otherwise available to support continuation of the <br />performance of this Agreement, this Agreement shall be canceled. A determination by the <br />Director of the State Budget Agency that funds are not appropriated or otherwise available <br />to support continuation of performance shall be final and conclusive. <br /> <br />2.20. Governing Law. This Agreement shall be governed, construed, and enforced in <br />accordance with the laws of the State of Indiana, without regard to its conflict of laws <br />rules. Suit, if any, must be brought in the State of Indiana. <br /> <br />2.21. HIPAA Compliance. [OMITTED – NOT APPLICABLE] <br />2.22. Indemnification. The City agrees to indemnify, defend, and hold harmless the State, its <br />agents, officials, and employees from all third party claims and suits including court <br />costs, attorney’s fees, and other expenses caused by any act or omission of the City