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<br />management or supervisory responsibilities, or a person who has a critical influence on or
<br />substantive control over the operations of the CONSULTANT or who has managerial or
<br />supervisory responsibilities for the Services.
<br />vi. Debarment and Suspension of nay SUB - CONSULTANTS. The CONSULTANT's
<br />SUB - CONSULTANTS are not presently debarred, suspended, proposed for debarment,
<br />declared ineligible, or voluntarily excluded from entering into this Contract by any
<br />federal agency or by any department, agency or political subdivision of the State. The
<br />CONSULTANT shall be solely responsible for any recoupment, penalties or costs that
<br />might arise from the use of a suspended or debarred SUBCONSULTANT. The
<br />CONSULTANT shall immediately notify the LPA and INDOT if any
<br />SUB - CONSULTANT becomes debarred or suspended, and shall, at the LPA's request,
<br />take all steps required by the LPA to terminate its contractual relationship with the
<br />SUB - CONSULTANT for work to be performed under this Contract.
<br />C. Violations. In addition to any other remedies at law or in equity, upon CONSULTANT'S violation
<br />of any of Section 7(A) through 7(B), the LPA may, at its sole discretion, do any one or more of the
<br />following:
<br />i. terminate this Contract; or
<br />ii. delay, withhold, or deny work under any supplement or amendment, change order or
<br />other contractual device issued pursuant to this Contract.
<br />D. Disputes. if a dispute exists as to the CONSULTANT's liability or guilt in any action initiated by
<br />the LPA, and the LPA decides to delay, withhold, or deny work to the CONSULTANT, the
<br />CONSULTANT may request that it be allowed to continue, or receive work, without delay. The
<br />CONSULTANT must submit, in writing, a request for review to the LPA. A determination by the LPA
<br />under this Section 7.13 shall be final and binding on the parties and not subject to administrative review.
<br />Any payments the LPA may delay, withhold, deny, or apply under this section shall not be subject to
<br />penalty or interest under IC 5 -17 -5.
<br />7. Condition of Payment. The CONSULTANT must perform all Services under this Contract to the
<br />LPA's reasonable satisfaction, as determined at the discretion of the LPA and in accordance with all
<br />applicable federal, state, local laws, ordinances, rules, and regulations. The LPA will not pay for work not
<br />performed to the LPA's reasonable satisfaction, inconsistent with this Contract or performed in violation
<br />of federal, state, or local law (collectively, "deficiencies ") until all deficiencies are remedied in a timely
<br />manner.
<br />8. Confidentiality of LPA Information.
<br />A. The CONSULTANT understands and agrees that data, materials, and information disclosed to the
<br />CONSULTANT may contain confidential and protected information. Therefore, the CONSULTANT
<br />covenants that data, material, and information gathered, based upon or disclosed to the CONSULTANT for
<br />the purpose of this Contract, will not be disclosed to others or discussed with third parties without the
<br />LPA's prior written consent.
<br />B. The parties acknowledge that the Services to be performed by the CONSULTANT for the LPA
<br />under this Contract may require or allow access to data, materials, and information containing Social
<br />Security numbers and maintained by the LPA in its computer system or other records. In addition to the
<br />covenant made above in this section and pursuant to 10 IAC 5- 3 -1(4), the CONSULTANT and the LPA
<br />agree to comply with the provisions of IC 4 -1 -10 and IC 4 -1 -11. If any Social Security number(s) is /are
<br />disclosed by the CONSULTANT, the CONSULTANT agrees to pay the cost of the notice of disclosure of
<br />a breach of the security of the system in addition to any other claims and expenses for which it is liable
<br />under the terms of this Contract.
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