5A8 & 9 Assignment - Confirmation Agreements (Great Lakes Capital) - Signed

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Page 13 of 21 may be terminated, in whole or in part, by the IEDC whenever, for any reason. Upon termination of the IEDC Agreement, this Agreement shall terminate. Termination shall be effected by delivery to Grantee of a termination notice, specifying the extent to which such termination becomes effective. Absent an existing default or breach by Grantee as of the date of the termination notice contemplated herein, Grantee shall be compensated for completion of the Project properly done prior to the effective date of the termination. The RDA will not be liable for work on the Project performed after the effective date of the termination. In no case shall total payment made to Grantee exceed the original Project Funds award. C.Notice. In all instances of termination for cause or for convenience, Grantee will be provided notice and an opportunity for a hearing according to 2 CFR § 200.340 through § 200.343, as amended from time to time. 16.CANCELLATION OF FUNDING. In the event the Director of the SBA makes a written determination that Grant and/or Project Funds are not appropriated or otherwise available to support the continuation of performance of this Agreement, such determination shall be final and conclusive, and this Agreement shall be immediately cancelled. 17.EMPLOYMENT ELIGIBILITY VERFICATION. As required by IC § 22-5- 1.7, as amended from time to time, if Grantee has employees, Grantee hereby swears or affirms under the penalties of perjury that: A.Grantee has enrolled and is participating in the E-Verify program; B.Grantee has provided documentation to the IEDC that it has enrolled and is participating in the E-Verify program; C.Grantee does not knowingly employ an unauthorized alien; D.Grantee shall require its contractors who perform work under this Agreement to certify to Grantee that the contractor does not knowingly employ or contract with an unauthorized alien and that the contractor has enrolled and is participating in the E-Verify program. Grantee shall maintain this certification throughout the duration of the term of any contract or agreement with a contractor. The RDA may terminate this Agreement for default if Grantee fails to cure a breach of this provision no later than thirty (30) days after being notified by the RDA. 18.DRUG-FREE WORKPLACE CERTIFICATION. As required by Executive Order No. 90-5, dated April 12, 1990, issued by the Governor of Indiana, as amended from time to time, the Grantee, if it has employees, hereby covenants and agrees to make a good faith effort to provide and maintain a drug-free workplace. The Grantee will give written notice to the RDA within ten (10) days after receiving actual notice that the Grantee, or an employee of Grantee in the State of Indiana, has been convicted of a criminal drug violation occurring in the workplace. False certification or violation of this certification may result in sanctions including, but not limited to, suspension of disbursements under this Agreement, termination of this Agreement, and/or debarment of contracting opportunities with the State of Indiana for up to three (3) years.