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04-25-13
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1/13/2014 11:57:24 AM
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4/22/2013 3:00:44 PM
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SECTION 7. Confidentiality, Conflict of Interest and Disclosure. <br />A. Confidential Information. The Provider acknowledges that information <br />which the Commission regards as confidential or proprietary in nature (the <br />"Information "), may come to the knowledge of the Provider during the Provider's <br />performance of services. The Provider shall treat the Information as strictly confidential <br />and agrees that the Provider will not, at any time or in any manner, either directly or <br />indirectly, (i) use, or allowed to be used, any Information for the Provider's own benefit <br />or the benefit of any director, official, employee or agent or any third party, or (ii) <br />divulge, disclose or communicate in any manner any Information to any third party <br />without the written consent of the Commission. The Provider shall be responsible for <br />maintaining the confidentially of any Information in its possession, including taking <br />appropriate measures to secure said Information against such uses and dissemination and <br />to inform any person to which it allows to access such information of its confidentiality. <br />The Provider shall be responsible for any actions taken by those individuals or <br />organizations who or which receive or obtain such Information from the Provider. A <br />violation of this section shall be deemed to be a material breach of this Agreement. <br />B. Covenants Survive Agreement. The confidentiality provisions of this <br />Agreement remain in full force and effect after, and survive the termination of this <br />Agreement. <br />C. Conflict of Interest. The Provider hereby certifies and agrees that no <br />member, officer, or employee of the Commission, or its designees or agents, (and no one <br />with whom they have family or business ties) who exercises any functions or <br />responsibilities with respect to the Project during his or her tenure or for one year <br />thereafter, shall have any financial benefit, direct or indirect, in any contract or <br />subcontract, or the proceeds thereof, for work to be performed in connection with the <br />Project. <br />D. Uniform Conflict of Interest Disclosure Statement. The Provider <br />acknowledges that its directors, officers, employees and agents, are "public servants" as <br />defined by Indiana Code § 35- 41 -1 -24. The Provider hereby represents and certifies that <br />it may enter into this Agreement under Indiana Code § 35 -44 -1 and, to the extent <br />applicable, will execute and file with the Commission and any other appropriate bodies a <br />Uniform Conflict of Interest Disclosure Statement, the form of which is attached hereto <br />and incorporated herein as EXHIBIT `B ". <br />E. Non- Collusion, Non - Debarment Affidavit, Employment Eligibility <br />Verification and Non - Discrimination Commitment. The Provider hereby represents and <br />acknowledges that it is subject to all requirements of the Non - Collusion, Non - Debarment, <br />Employment Eligibility Verification (E- Verify) and Non - Discrimination statutes of the <br />State of Indiana and, to the extent applicable, will execute and file with the Commission <br />and any other appropriate bodies, a Commitment in the form of EXHIBIT "C", attached <br />hereto. <br />R <br />
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