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l `7f '� <br />rEE-Vermify wirvi i <br />Company ID Number: 221827 <br />mandatory refresher tutorials. An Employer that is a Federal contractor may terminate this <br />MOU when the Federal contract that requires its participation in E-Verify is terminated or <br />completed. In such a circumstance, the Federal contractor must provide written notice to DHS. <br />If an Employer that is a Federal contractor fails to provide such notice, that Employer will remain <br />a participant in the E-Verify program, will remain bound by the terms of this MOU that apply to <br />non -Federal contractor participants, and will be required to use the E-Verify procedures to verify <br />the employment eligibility of all newly hired employees. <br />B. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU if deemed <br />necessary because of the requirements of law or policy, or upon a determination by SSA or <br />DHS that there has been a breach of system integrity or security by the Employer, or a failure <br />on the part of the Employer to comply with established procedures or legal requirements. The <br />Employer understands that if it is a Federal contractor, termination of this MOU by any party for <br />any reason may negatively affect its performance of its contractual responsibilities. <br />C. Some or all SSA and DHS responsibilities under this MOU may be performed by <br />contractor(s), and SSA and DHS may adjust verification responsibilities between each other as <br />they may determine necessary. By separate agreement with DHS, SSA has agreed to perform <br />its responsibilities as described in this MOU. <br />D. Nothing in this MOU is intended, or should be construed, to create any right or benefit, <br />substantive or procedural, enforceable at law by any third party against the United States, its <br />agencies, officers, or employees, or against the Employer, its agents, officers, or employees. <br />E. Each party shall be solely responsible for defending any claim or action against it arising <br />out of or related to E-Verify or this MOU, whether civil or criminal, and for any liability <br />wherefrom, including (but not limited to) any dispute between the Employer and any other <br />person or entity regarding the applicability of Section 403(d) of IIRIRA to any action taken or <br />allegedly taken by the Employer. <br />F. The Employer understands that the fact of its participation in E-Verify is not confidential <br />information and may be disclosed as authorized or required by law and DHS or SSA policy, <br />including but not limited to, Congressional oversight, E-Verify publicity and media inquiries, <br />determinations of compliance with Federal contractual requirements, and responses to inquiries <br />under the Freedom of Information Act (FOIA). <br />G. The foregoing constitutes the full agreement on this subject between DHS and the <br />Employer. <br />H. The individuals whose signatures appear below represent that they are authorized to <br />enter into this MOU on behalf of the Employer and DHS respectively. <br />Page 10 of 13IE-Verify MOU for Employerl Revision Date 10/29/08 <br />