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(C.) The Department will not exercise its right of cancellation under subparagraph (B.) <br />above if the Grantee gives the Department an opinion by the Commission <br />indicating that the existence of this Agreement and the employment, election or <br />appointment by the State of Indiana of the interested party does not violate any <br />statute or code relating to ethical conduct of state employees, officers and special <br />state appointees of the Grantor. The Department may take action, including <br />cancellation of this Agreement consistent with an opinion of the Commission <br />obtained under this paragraph. <br />(D.) Grantee has an affirmative obligation under this Agreement to disclose to the <br />Department when an interested party is or becomes an employee, officer or <br />special state appointee of the State of Indiana. The obligation under this <br />paragraph extends only to those facts that the Grantee knows or reasonably could <br />know. <br />13. DRUG-FREE WORKPLACE CERTIFICATION: <br />(A.) Grantee hereby covenants and agrees to make a good faith effort to provide and <br />maintain adrug-free workplace during the term of this Agreement. Grantee will <br />give written notice to the State within ten (10) days after receiving actual notice <br />that the Grantee, or an employee of the Grantee in the State of Indiana has been <br />convicted of a criminal drug violation occurring in Grantee's workplace used to <br />administer and perform under this Agreement. <br />(B.) It is further expressly agreed that a false certification, a violation of the <br />certification or the failure of the Grantee to in good faith comply with the terms of <br />this Paragraph shall constitute a material breach of this Agreement and shall <br />entitle the State to impose, or may otherwise result in, sanctions against the <br />Grantee including, but not limited to, suspension of grant payments, the <br />termination of this Agreement and/or the debarment of the Grantee from doing <br />further business with the Grantor and the State of Indiana for up to three (3) years. <br />(C.) In addition to the provisions of above paragraphs, if the total Agreement amount <br />set forth in the Agreement is in excess of Twenty-Five Thousand Dollars <br />($25,000.00), Grantee hereby further agrees that this Agreement is expressly <br />subject to the terms, conditions and representations of the following Certification: <br />This certification is required by Executive Order No. 90-5, April 12, 1990, issued by the <br />Governor of Indiana. Pursuant to its delegated authority, the Indiana Department of <br />Administration is requiring the inclusion of this certification in all grants with and grants <br />from the State of Indiana in excess of $25, 000.00. No award of a grant shall be made, <br />and no grant, purchase order or agreement, the total amount of which exceeds <br />,$25, 000.00, shall be valid, unless and until this certification has been fully executed by <br />the Grantee and made part of the grant or agreement as part of the grant documents. <br />11 <br />F:A*.*\Projects-Miscellaneous\Tech ParklSubgrant Agreement-Notre Dame (2) 8.17.09 <br />