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6 <br />D.When the Finance Authority makes a written determination that funds are not <br />appropriated or otherwise available to support continuation of performance of this Agreement, this <br />Agreement shall be canceled. Any determination by the Finance Authority that funds are not <br />appropriated or otherwise available shall be final and conclusive. <br />E.Pursuant to Indiana Code 22-9-1-10, the Participant and its contractors, subgrantees <br />or contractors and subcontractors, if any, shall not discriminate against any employee or applicant <br />for employment, to be employed in the performance of this Agreement with respect to hire, tenure, <br />terms, conditions or privileges of employment or any matter directly or indirectly related to <br />employment, because of race, color, religion, sex, handicap, national origin or ancestry. Breach <br />of this covenant may be regarded as a material breach of this Agreement. <br />F.The Participant hereby covenants and agrees to make a good faith effort to provide <br />and maintain during the term of this Agreement, a drug-free workplace and that it will give written <br />notice to the Finance Authority and the Indiana Department of Administration within ten (10) days <br />after receiving actual notice that an employee of the Participant has been convicted of a criminal <br />drug violation occurring in the Participant's workplace. Failure of the Participant to, in good faith, <br />comply with this Paragraph shall constitute a material breach of this Agreement and shall entitle <br />the Finance Authority to impose sanctions against the Participant including suspension of <br />payments and termination of this Agreement. <br />ARTICLE IV <br />A.All appendices to this Agreement are incorporated into this Agreement and made a <br />part of this Agreement. Capitalized terms herein contained and not otherwise defined herein to <br />have the same meanings ascribed to them under the Indenture. <br />B.This Agreement may be executed in any number of counterparts, each of which <br />shall be executed by the Finance Authority and the Participant, and all of which shall be regarded <br />for all purposes as one original and shall constitute one and the same instrument. <br />C.The Participant will give any notice or other writing to the Finance Authority in <br />writing by certified United States mail, postage prepaid or hand delivery to the Indiana Finance <br />Authority, Residential Housing Infrastructure Assistance Fund, 100 North Senate, Room 1275, <br />Indianapolis, Indiana 46204, Attention: Director of Indiana Housing Infrastructure Assistance <br />Program, or such other persons or address as shall be given properly to the Finance Authority. The <br />Finance Authority may give any notice or other writing to the Participant by first-class United <br />States mail, postage prepaid or hand delivery to the person and address set forth in Appendix A or <br />such other person or address as shall be given properly to the Participant. <br />D.This Agreement will be construed in accordance with State law. Any claim or <br />action must be brought in the courts of the State. <br />E.No amendment of this Agreement will be valid unless duly authorized, executed <br />and delivered by the Participant and the Finance Authority. <br />F.Neither this Agreement, nor the Financial Assistance may be assigned by the