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21) Governing Law: This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Indiana. 22) Survivability: To the extent permitted by law, all terms and provisions of this Agreement shall be binding upon and inure to the benefit of and be enforceable by the Commission and the Operator and each of their respective successors in interest. 23) Not a Lease: The Commission and the Operator acknowledge that this Agreement does not constitute a lease of the Garages. Operator has no responsibility for property taxes or capital equipment and improvements for the Garages and no possessory interest in the Garages. 24) Uniform Conflict of Interest Disclosure Statement: Operator has executed a Uniform Conflict of Interest Disclosure Statement, the form of which is attached hereto and incorporated herein as Appendix B. 25) Additional Requirements: The Operator hereby represents and certifies that it may enter into this agreement under Indiana Code § 35-44-1 and, to the extent applicable, has executed and filed with the City a "NON-COLLUSION, NON- DEBARMENT AFFIDAVIT, EMPLOYMENT ELIGIBILITY VERIFICATION AND NON-DISCRIMINATION COMMITMENT", the form of which is attached hereto and incorporated herein as Appendix C prior to the Commission's approval of this Agreement. 26) E-Verify: a) The Operator will not knowingly employ or contract with an unauthorized alien, nor retain any employee or contract with a person that the Operator subsequently learns is an unauthorized alien. The Operator agrees that it shall enroll in and verify the work eligibility status of all the Operator's newly hired employees through the E-Verify Program as defined by I.C. 22-5-1.7-3. b) The Operator shall require its subcontractors performing work under this contract to certify that the subcontractors do not knowingly employ or contract with an unauthorized alien, nor retain any employee or contract with a person that the subcontractor subsequently learns is an unauthorized alien, and that the subcontractor has enrolled in and is participating in the E-Verify Program. (Signature Page(s) Follow) 6