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11. FUNDING CANCELLATION CLAUSE: <br />When the Grantor's Controller makes a written determination that funds are not <br />appropriated or otherwise available to support continuation of performance of this <br />Agreement, this Agreement shall be canceled. A determination by the Controller that <br />funds are not appropriated or otherwise available to support continuation of performance <br />shall be final and conclusive. <br />12. NONDISCRIMINATION: <br />Grantee agrees to comply with all applicable provisions of Title VI of the Civil Rights <br />Act of 1964 (Pub. L. 88-352), Section 16 of the Federal Energy Administration Act of <br />1974 (Pub. L. 93-275), Section 401 of the Energy Reorganization Act of 1974 (Pub. L. <br />93-438), Title IX of the Education Amendments of 1972, as amended, (Pub. L. 92-318, <br />Pub. L. 93-568, and Pub. L. 94-482), Section 504 of the Rehabilitation Act of 1973 (Pub. <br />L. 93-112), the Age Discrimination Act of 1975 (Pub. L. 94-135), Title VIII of the Civil <br />Rights Act of 1968 (Pub. L.90-284), the Department of Energy Organization Act of 1977 <br />(Pub. L. 95-91), the Energy Conservation and Production Act of 1976, as amended, (Pub. <br />L. 94-385) and Title 10, Code of Federal Regulations, Part 1040. In accordance with the <br />above laws and regulations issued pursuant thereto, Grantee agrees to assure that no <br />person in the United States shall, on the ground of race, color, national origin, sex, age, or <br />disability, be excluded from participation in, be denied the benefits of, or be otherwise <br />subjected to discrimination under any program or activity in which Grantee receives <br />Federal assistance from the Department of Energy. Grantee and its Sub-Grantees shall <br />not discriminate against any employee or applicant for employment related to this <br />Agreement with respect to the hire, tenure, terms, conditions or privileges of employment <br />or any matter directly or indirectly related to employment, because of the race, color, <br />religion, sex, age disability, national origin or ancestry or status as a veteran. Breach of <br />this covenant may be regarded as a material breach of contract. Acceptance of this <br />Agreement also signifies compliance with applicable federal and state laws and <br />regulations prohibiting the aforementioned discrimination in the provision of services. <br />13. NOTICE TO PARTIES: <br />Whenever any notice, statement or other communication is required under this <br />Agreement, it shall be sent to the following address, unless otherwise specifically <br />advised, <br />(A.) Notices to the GRANTOR shall be sent to: <br />SOUTH BEND REDEVELOPMENT COMMISSION <br />227 West Jefferson, Ste. 1200 <br />South Bend, Indiana 46601 <br />Attention: Director, Donald Inks <br />with a copy to: <br />CITY OF SOUTH BEND, DEPARTMENT OF LAW <br />227 West Jefferson, Ste. 1400 <br />South Bend, Indiana 46601 <br />7 <br />