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(1) Grantee and any principals of the Grantee certify that: <br />(A) Grantee, except for de minimis and nonsystematic violations, has not <br />violated the terms of <br />(i) Indiana Code § 24-4.7 [Telephone Solicitation of Consumers], <br />(ii) Indiana Code § 24-5-12 [Telephone Solicitations], or <br />(iii) Indiana Code § :?4-5-14 [Regulation of Automatic Dialing <br />Machines] in the previous three hundred sixty-five (365) days, <br />even if Indiana Codf; § 24-4.7 is preempted by federal law; and <br />(B) Grantee will not violate the terms of Indiana Code § 24-4.7 for the <br />duration of the Agreement, even if Indiana Code § 24-4.7 is preempted by <br />federal law. <br />(2) Grantee and any principals of the Grantee certify that an affiliate or principal of <br />the Grantee and any agent acting on behalf of the Grantee or on behalf of an <br />affiliate or principal of the Grantee: <br />(A) except for de minimis and nonsystematic violations, has not violated the <br />terms of Indiana Code § 24-4.7 in the previous three hundred sixty-five <br />(365) days, even if Indiana. Code § 24-4.7 is preempted by federal law; <br />and <br />(B) will not violate the terms of Indiana Code 24-4.7 for the duration of the <br />Agreement, even if Indiana Code § 24-4.7 is preempted by federal law. <br />12. CONFLICT OF INTEREST: <br />(A.) As used in this paragraph: <br />(1.) "Immediate family" means the spouse and the unemancipated children of <br />an individual. <br />(2.) "Interested party" means: <br />(a.) The individual executing this Agreement; <br />(b.) An individual who combined with his immediate family has an <br />equity interest of one percent (1 %) or more of the Grantee, if the <br />Grantee is not an individual; or <br />(c.) Any member of the immediate family of an individual specified <br />under subdivision 1 or 2. <br />(3.) "Department" means the Indiana Department of Administration. <br />(4.) "Commission" means the State Ethics Commission. <br />(B.) The Department may cancel this Agreement without recourse by the Grantee if <br />any interested party (i) is an employee of the State of Indiana or the Grantor, (ii) <br />is a state officer or special state appointee of the Grantor under Indiana Code § 4- <br />2-6, or (iii) a public servant of the Grantor under Indiana Code § 35-44-1. <br />10 <br />F:\*.*\Projects-Miscellaneous\Tech Park\Subgrant Agreement-Notre Dame (2) 8.17.09 <br />