ARREARS AND
CURRENTLY DUE TO THE STATE OF INDIANA MAY BE WITHHELD FROM PAYMENTS DUE TO THE
CONTRACTOR.
ADDITIONALLY, FURTHER WORK OR PAYMENTS MAY BE WITHHELD, DELAYED, OR
DENIED AND/OR THIS
CONTRACT SUSPENDED UNTIL THE CONTRACTOR IS CURRENT IN ITS PAYMENTS AND HAS
SUBMITTED PROOF OF SUCH PAYMENT TO THE STATE.
THE CONTRACTOR WARRANTS THAT IT HAS NO CURRENT OR PENDING OR OUTSTANDING
CRIMINAL, CIVIL, OR ENFORCEMENT ACTIONS INITIATED BY THE STATE OF INDIANA
PENDING, AND AGREES THAT IT WILL IMMEDIATELY NOTIFY THE STATE OF ANY SUCH
ACTIONS.
DURING THE TERM OF SUCH ACTIONS, CONTRACTOR AGREES THAT THE STATE MAY
DELAY, WITHHOLD, OR DENY WORK UNDER ANY SUPPLEMENT OR CONTRACTUAL DEVICE ISSUED
PURSUANT TO THIS CONTRACT AND ANY SUPPLEMENTS OR AMENDMENTS.
IF A VALID DISPUTE EXISTS AS TO THE CONTRACTOR'S LIABILITY OR GUILT IN ANY
ACTION INITIATED BY THE STATE OF INDIANA OR ITS AGENCIES, AND THE STATE DECIDES
TO DELAY, WITHHOLD, OR DENY WORK TO THE CONTRACTOR, THE CONTRACTOR MAY REQUEST
THAT IT BE ALLOWED TO CONTINUE, OR RECEIVE WORK, WITHOUT DELAY.
THE CONTRACTOR
MUST SUBMIT, IN WRITING, A REQUEST FOR REVIEW TO THE INDIANA DEPARTMENT OF
ADMINISTRATION (IDOA) FOLLOWING THE PROCEDURES FOR DISPUTES OUTLINED HEREIN, A
DETERMINATION BY IDOA SHALL BE BINDING ON THE PARTIES.
ANY PAYMENTS THAT THE STATE MAY DELAY, WITHHOLD, DENY, OR APPLY UNDER THIS
SECTION SHALL NOT BE SUBJECT TO PENALTY OR INTEREST UNDER IC 5-17-5.
THE CONTRACTOR WARRANTS THAT THE CONTRACTOR AND ITS SUBCONTRACTORS' IF ANY,
SHALL OBTAIN AND MAINTAIN ALL REQUIRED PERMITS, LICENSES, AND APPROVALS, AS WELL
AS COMPLY WITH ALL HEALTH, SAFETY, AND ENVIRONMENTAL STATUTES, RULES, OR
REGULATIONS IN THE PERFORMANCE OF WORK ACTIVITIES FOR THE STATE.
FAILURE TO DO
SO MAY BE DEEMED IS A MATERIAL BREACH OF THIS CONTRACT AND GROUNDS FOR IMMEDIATE
TERMINATION OF THE AGREEMENT AND DENIAL OF FURTHER WORK WITH THE STET; SUBJECT
TO THE NOTICE AND CARS PROVISIONS OF SECTIONS 11.01(1) AND 7.02 OF THE
AGREEMENT.
THE CONTRACTOR HEREBY AFFIRMS THAT IT IS PROPERLY REGISTERED AND OWES NO
OUTSTANDING REPORTS WITH THE INDIANA SECRETARY OF STATE.
AS REQUIRED BY IC 5-22-3-7:
THE CONTRACTOR AND ANY PRINCIPALS OF THE CONTRACTOR CERTIFY THAT (A) THE
CONTRACTOR, EXCEPT FOR DE MINIMIS AND NONSYSTEMATIC VIOLATIONS, HAS NOT VIOLATED
THE TERMS OF (I) IC 24-4.7 [TELEPHONE SOLICITATION OF CONSUMERS), (II) IC
24-5-12 [TELEPHONE SOLICITATIONS), OR (III) IC 24-5-14 [REGULATION OF AUTOMATIC
DIALING MACHINES) IN THE PREVIOUS THREE HUNDRED SIXTY-FIVE (365) DAYS, EVEN IF
IC 244.7 IS PREEMPTED BY FEDERAL LAW; AND (B) THE CONTRACTOR WILL NOT VIOLATE
THE TERMS OF IC 24-4.7 FOR THE DURATION OF THE CONTRACT, EVEN IF IC 24-4.7 IS
PREEMPTED BY FEDERAL LAW.
THE CONTRACTOR AND ANY PRINCIPALS OF THE CONTRACTOR CERTIFY THAT AN AFFILIATE OR
PRINCIPAL OF THE CONTRACTOR AND ANY AGENT ACTING ON BEHALF OF THE CONTRACTOR OR
ON BEHALF OF AN AFFILIATE 'OR PRINCIPAL OF THE CONTRACTOR: (A) EXCEPT FOR DE
MINIMIS AND NONSYSTEMATIC VIOLATIONS, HAS NOT VIOLATED THE TERMS OF IC 24-4.7 IN
THE PREVIOUS THREE HUNDRED SIXTY-FIVE (365) DAYS,
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